Bill Text: IL HB2878 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that during arraignment, the court shall notify the defendant if he or she qualifies for the Offender Initiative Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2878 Detail]

Download: Illinois-2013-HB2878-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2878 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-6-3.3
Amends the Unified Code of Corrections. Provides that during arraignment, the court shall notify the defendant if he or she qualifies for the Offender Initiative Program.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-6-3.3 as follows:
(730 ILCS 5/5-6-3.3)
Sec. 5-6-3.3. Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of
theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender

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Initiative Program. During arraignment, the court shall notify
the defendant if he or she qualifies for the Offender
Initiative Program created under this Section.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or

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any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing the high school level test of General
Educational Development (G.E.D.) or to work toward
completing a vocational training program.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;

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(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) There may be only one discharge and dismissal under
this Section with respect to any person.
(Source: P.A. 97-1118, eff. 1-1-13.)