Bill Amendment: IL HB3699 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2019-01-08 - Session Sine Die [HB3699 Detail]

Download: Illinois-2017-HB3699-House_Amendment_001.html

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Rep. Robyn Gabel

Filed: 3/24/2017

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AMENDMENT TO HOUSE BILL 3699
AMENDMENT NO. ______. Amend House Bill 3699 by replacing
everything after the enacting clause with the following:
"Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Sections 40-5, 40-10, and
40-15 as follows:
(20 ILCS 301/40-5)
Sec. 40-5. Election of treatment. An individual with a
mental illness, as defined by Section 1-129 of the Mental
Health and Developmental Disabilities Code, or an An addict or
alcoholic who is charged with or convicted of a crime or any
other person charged with or convicted of a misdemeanor
violation of the Use of Intoxicating Compounds Act and who has
not been previously convicted of a violation of that Act may
elect treatment under the supervision of a licensed program
designated by the Department, referred to in this Article as

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"designated program", unless:
(1) the crime is a crime of violence;
(2) the crime is a violation of Section 401(a), 401(b),
401(c) where the person electing treatment has been
previously convicted of a non-probationable felony or the
violation is non-probationable, 401(d) where the violation
is non-probationable, 401.1, 402(a), 405 or 407 of the
Illinois Controlled Substances Act, or Section 12-7.3 of
the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
and Community Protection Act or is otherwise ineligible for
probation under Section 70 of the Methamphetamine Control
and Community Protection Act;
(3) the person has a record of 2 or more convictions of
a crime of violence;
(4) other criminal proceedings alleging commission of
a felony are pending against the person;
(5) the person is on probation or parole and the
appropriate parole or probation authority does not consent
to that election;
(6) the person elected and was admitted to a designated
program on 2 prior occasions within any consecutive 2-year
period;
(7) the person has been convicted of residential

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burglary and has a record of one or more felony
convictions;
(8) the crime is a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(9) the crime is a reckless homicide or a reckless
homicide of an unborn child, as defined in Section 9-3 or
9-3.2 of the Criminal Code of 1961 or the Criminal Code of
2012, in which the cause of death consists of the driving
of a motor vehicle by a person under the influence of
alcohol or any other drug or drugs at the time of the
violation.
Nothing in this Section shall preclude an individual who is
charged with or convicted of a crime that is a violation of
Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
Community Protection Act, and who is otherwise eligible to make
the election provided for under this Section, from being
eligible to make an election for treatment as a condition of
probation as provided for under this Article.
(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
99-78, eff. 7-20-15.)
(20 ILCS 301/40-10)
Sec. 40-10. Treatment as a condition of probation.
(a) If a court has reason to believe that an individual who
is charged with or convicted of a crime suffers from mental

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illness, alcoholism, or other drug addiction and the court
finds that he is eligible to make the election provided for
under Section 40-5, the court shall advise the individual that
he or she may be sentenced to probation and shall be subject to
terms and conditions of probation under Section 5-6-3 of the
Unified Code of Corrections if he or she elects to submit to
treatment and is accepted for treatment by a designated
program. The court shall further advise the individual that:
(1) if he or she elects to submit to treatment and is
accepted he or she shall be sentenced to probation and
placed under the supervision of the designated program for
a period not to exceed the maximum sentence that could be
imposed for his conviction or 5 years, whichever is less.
(2) during probation he or she may be treated at the
discretion of the designated program.
(3) if he or she adheres to the requirements of the
designated program and fulfills the other conditions of
probation ordered by the court, he or she will be
discharged, but any failure to adhere to the requirements
of the designated program is a breach of probation.
The court may certify an individual for treatment while on
probation under the supervision of a designated program and
probation authorities regardless of the election of the
individual.
(b) If the individual elects to undergo treatment or is
certified for treatment, the court shall order an examination

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by a designated program to determine whether he suffers from
mental illness, alcoholism, or other drug addiction and is
likely to be rehabilitated through treatment. The designated
program shall report to the court the results of the
examination and recommend whether the individual should be
placed for treatment. If the court, on the basis of the report
and other information, finds that such an individual suffers
from mental illness, alcoholism, or other drug addiction and is
likely to be rehabilitated through treatment, the individual
shall be placed on probation and under the supervision of a
designated program for treatment and under the supervision of
the proper probation authorities for probation supervision
unless, giving consideration to the nature and circumstances of
the offense and to the history, character and condition of the
individual, the court is of the opinion that no significant
relationship exists between the mental illness, addiction, or
alcoholism of the individual and the crime committed, or that
his imprisonment or periodic imprisonment is necessary for the
protection of the public, and the court specifies on the record
the particular evidence, information or other reasons that form
the basis of such opinion. However, under no circumstances
shall the individual be placed under the supervision of a
designated program for treatment before the entry of a judgment
of conviction.
(c) If the court, on the basis of the report or other
information, finds that the individual suffering from mental

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illness, alcoholism, or other drug addiction is not likely to
be rehabilitated through treatment, or that his mental illness,
addiction, or alcoholism and the crime committed are not
significantly related, or that his imprisonment or periodic
imprisonment is necessary for the protection of the public, the
court shall impose sentence as in other cases. The court may
require such progress reports on the individual from the
probation officer and designated program as the court finds
necessary. No individual may be placed under treatment
supervision unless a designated program accepts him for
treatment.
(d) Failure of an individual placed on probation and under
the supervision of a designated program to observe the
requirements set down by the designated program shall be
considered a probation violation. Such failure shall be
reported by the designated program to the probation officer in
charge of the individual and treated in accordance with
probation regulations.
(e) Upon successful fulfillment of the terms and conditions
of probation the court shall discharge the person from
probation. If the person has not previously been convicted of
any felony offense and has not previously been granted a
vacation of judgment under this Section, upon motion, the court
shall vacate the judgment of conviction and dismiss the
criminal proceedings against him unless, having considered the
nature and circumstances of the offense and the history,

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character and condition of the individual, the court finds that
the motion should not be granted. Unless good cause is shown,
such motion to vacate must be filed at any time from the date
of the entry of the judgment to a date that is not more than 60
days after the discharge of the probation.
(Source: P.A. 99-574, eff. 1-1-17.)
(20 ILCS 301/40-15)
Sec. 40-15. Acceptance for treatment as a parole or
aftercare release condition. Acceptance for treatment for
mental illness, drug addiction, or alcoholism under the
supervision of a designated program may be made a condition of
parole or aftercare release, and failure to comply with such
treatment may be treated as a violation of parole or aftercare
release. A designated program shall establish the conditions
under which a parolee or releasee is accepted for treatment. No
parolee or releasee may be placed under the supervision of a
designated program for treatment unless the designated program
accepts him or her for treatment. The designated program shall
make periodic progress reports regarding each such parolee or
releasee to the appropriate parole authority and shall report
failures to comply with the prescribed treatment program.
(Source: P.A. 98-558, eff. 1-1-14.)".