State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



 1        AN  ACT in relation to compulsive gambling and to amend a
 2    named Act.

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

 5        Section  1.  Short  title.   This Act may be cited as the
 6    Compulsive Gambling Intervention Act.

 7        Section 5.  Purpose.  The purpose and policy of this  Act
 8    is to create a compulsive gambling intervention program to be
 9    demonstrated  in  4  pilot sites throughout the State, DuPage
10    County, Peoria County, East St. Louis, and Cook  County,  for
11    the  assessment  of  criminal  defendants  whom the court has
12    reason to believe suffer from a compulsive gambling  disorder
13    and  meet  other  requirements, and determines the compulsive
14    gambling disorder may have contributed to the  commission  of
15    the   offense   charged.   This  Act  provides  for  mandated
16    treatment of these defendants if the assessor concludes  that
17    compulsive  gambling  did contribute to the commission of the
18    offense,  in  order  to  decrease  the  subsequent   criminal
19    behavior  by  these  offenders  that would be likely to occur
20    without the controlled intervention offered by the program.

21        Section  10.  Definitions.   In  this  Act,  unless   the
22    context  requires  otherwise,  the  following words and terms
23    have the following meanings:
24        "Act" means the Compulsive Gambling Intervention Act.
25        "Probation Division"  means  the  Division  of  Probation
26    Services of the Supreme Court.
27        "Case  management"  means those services that will assist
28    individuals in gaining access to needed social,  educational,
29    medical, financial management, compulsive gambling treatment,
30    and other services.
                            -2-                LRB9103354LDmb
 1        "Compulsive   gambling"   means  a  progressive  disorder
 2    characterized by continuous or periodic loss of control  over
 3    gambling,  a  preoccupation  with gambling and with obtaining
 4    money with which to gamble, a continuation of  that  behavior
 5    despite   adverse   consequences,  and  irrational  thinking.
 6    "Compulsive gambling" also  means  pathological  gambling  as
 7    described in the DSM IV.
 8        "Designated  program"  means  a program designated by the
 9    Probation Division to provide services described in  Sections
10    25  and  30  of  this  Act.   A  designated program's primary
11    function is assessing, referring to treatment, tracking,  and
12    providing  case  management  for  clients  identified  by the
13    criminal justice system, and the designated program agrees to
14    apply  statewide   standards   and   uniform   criteria   and
15    procedures.
16        "DSM  IV"  means the Fourth Edition of the Diagnostic and
17    Statistical Manual of Mental Disorders.
18        "Intervention" means readily accessible activities  which
19    assist  individuals and their partners or family members with
20    the  immediate  problems  of  compulsive  gambling,  and   in
21    reducing their participation in gambling-related activities.
22    Intervention   includes  facilitating  emotional  and  social
23    stability and  referring  people  for  further  treatment  as
24    needed.
25        "Person"  means any individual, firm, group, association,
26    partnership, corporation, trust, government  or  governmental
27    subdivision, or agency.

28        Section   15.  Establishment  of  a  compulsive  gambling
29    intervention demonstration program.  The  Probation  Division
30    shall   establish   and   operate   a   compulsive   gambling
31    intervention  demonstration  in  4  pilot  sites for eligible
32    offenders as provided in this Act. The pilot sites  shall  be
33    located  in Dupage County, Peoria County, East St. Louis, and
                            -3-                LRB9103354LDmb
 1    Cook County.

 2        Section 20.  Eligible offenders.  In order to be eligible
 3    to participate in a compulsive gambling intervention  program
 4    established  under this Act, an offender must meet all of the
 5    following requirements:
 6        (A)  The offender's compulsive gambling,  as  defined  in
 7    Section  10  of  this  Act, must be determined to have been a
 8    probable cause of the charged offense.
 9        (B)  The offender is not less than 17 years old.
10        (C)  The offender has never been convicted of a  Class  X
11    felony,  first  or  second  degree  murder,  armed  violence,
12    aggravated  kidnapping,  criminal sexual assault, or a second
13    or subsequent conviction for criminal sexual abuse,  forcible
14    detention, or arson.
15        (D)  The  offender  is  charged with one of the following
16    violations of the Criminal Code of 1961 with which compulsive
17    gambling disorders are frequently associated:
18             (1)  Theft, under paragraphs (b)(1), (2), (4),  (5),
19        (6)  and  (7)  of  Section 16-1, but excluding paragraphs
20        (a)(5) (theft  of  property  in  the  custody  of  a  law
21        enforcement officer) and (b)(3) of Section 16-1 (theft of
22        a firearm);
23             (2)  Theft   from   a  coin-operated  machine  under
24        Section 16-5;
25             (3)  Retail theft under Section 16A-3;
26             (4)  General  deception  under  subsection  (B)   of
27        Section 17-1;
28             (5)  Deception   on   a   bank  or  other  financial
29        institution under paragraph (C)(1) of Section 17-1;
30             (6)  Possession of stolen or  fraudulently  obtained
31        checks under paragraph (C)(2) of Section 17-1;
32             (7)  Possession  of  implements of check fraud under
33        paragraph (C)(3) of Section 17-1;
                            -4-                LRB9103354LDmb
 1             (8)  Possession   of   identification   card   under
 2        paragraph (C)(4) of Section 17-1;
 3             (9)  Forgery under Section 17-3;
 4             (10)  Gambling under Section 28-1;
 5        (E)  The offender is charged with a violation of  Section
 6    17.01 of the Illinois Credit Card and Debit Card Act.
 7        (F)  The   offender  was  recommended  and  approved  for
 8    placement in the compulsive gambling intervention program  in
 9    the court's sentencing order.

10        Section  25.   Assessment  for compulsive gambling.  If a
11    person is charged with or convicted of  a  violation  of  any
12    offense  enumerated in Section 20 of this Act and is eligible
13    for probation and  the  court  has  reason  to  believe  that
14    compulsive  gambling  contributed  to  the  commission of the
15    offense, the court shall  order  that  person  to  undergo  a
16    compulsive   gambling  assessment  to  be  conducted  by  the
17    designated program in accordance with this Act.
18        (A)  The assessment must be  conducted  by  a  designated
19    program assessor qualified to perform the assessments.
20        (B)  The  compulsive  gambling  assessment  report to the
21    court  must  include  a  treatment  plan  that   includes   a
22    recommended   level   of  care,  a  plan  for  repayment  and
23    restitution,  and  a  financial  management  plan   for   the
24    defendant,  if the designated program assessor concludes that
25    the defendant is in need of compulsive gambling treatment.

26        Section  30.  Treatment  for  compulsive  gambling  as  a
27    condition of probation.  If a court  has  reason  to  believe
28    that an individual who is charged with or convicted of any of
29    the  offenses  enumerated  in  Section 20 of this Act suffers
30    from a compulsive gambling disorder and the court finds  that
31    person  is  eligible  under Section 20 of this Act, the court
32    shall advise the individual that he or she will be placed  on
                            -5-                LRB9103354LDmb
 1    probation  and  required  to  submit  to  compulsive gambling
 2    treatment if he or she  is  accepted  for  treatment  by  the
 3    designated  program.  The  court  shall  further  advise  the
 4    individual that:
 5        (A)  If  he  or she is accepted by the designated program
 6    he  or  she  may  be  placed  on  probation  and  under   the
 7    supervision  of  the  designated  program for a period not to
 8    exceed the maximum sentence that could be imposed for his  or
 9    her conviction or 5 years, whichever is less.
10        (B)  During  probation  the  individual may be treated at
11    the discretion of the designated program.
12        (C)  If the individual  is  sentenced  to  probation  and
13    treatment under this Act, it will not preclude the imposition
14    of  additional  requirements by the court such as the payment
15    of restitution and compliance with  a  restitution  repayment
16    schedule  set  forth  by his or her probation officer and the
17    designated program.  Other conditions of probation  that  the
18    court  may  order shall include any condition of probation as
19    authorized  by  Section  5-6-3  of  the   Unified   Code   of
20    Corrections.
21        (D)  If the individual adheres to the requirements of the
22    designated  program  and  fulfills  the  other  conditions of
23    probation ordered by the court, he or she will be discharged,
24    but  any  failure  to  adhere  to  the  requirements  of  the
25    designated program is a breach of probation.
26        (E)  Failure of an individual  placed  on  probation  and
27    under  the  supervision  of the designated program to observe
28    the requirements established by the designated program  shall
29    be  considered  a  probation violation.  The failure shall be
30    reported by the designated program to the  probation  officer
31    in  charge  of  the individual and treated in accordance with
32    probation regulations.
33        (F)  Upon  successful  fulfillment  of  the   terms   and
34    conditions  of probation the court shall discharge the person
                            -6-                LRB9103354LDmb
 1    from probation.

 2        Section 35.  Education programs for  probation  officers.
 3    The Probation Division shall establish an educational program
 4    to  train probation officers in the supervision of compulsive
 5    gamblers who are sentenced to the pilot  program  established
 6    by this Act.

 7        Section 105.  The Probation and Probation Officers Act is
 8    amended by adding Section 15.5 as follows:

 9        (730 ILCS 110/15.5 new)
10        Sec.  15.5.  Pilot  program for compulsive gamblers.  The
11    Division shall establish and administer the pilot program for
12    compulsive  gamblers  created  by  the  Compulsive   Gambling
13    Intervention Act.

14        Section  999.  Effective  date.   This  Act  takes effect
15    January 1, 2000.

[ Top ]