|
| Public Act 103-0370
|
| SB0424 Enrolled | LRB103 02876 RLC 47882 b |
|
|
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 5-6-3.6 as follows:
|
(730 ILCS 5/5-6-3.6) |
(Section scheduled to be repealed on January 1, 2024) |
Sec. 5-6-3.6. First Time Weapon Offense Offender Program. |
(a) The General Assembly has sought to promote public |
safety, reduce recidivism, and conserve valuable resources of |
the criminal justice system through the creation of diversion |
programs for non-violent offenders. This amendatory Act of the |
103rd General Assembly amendatory Act of the 100th General |
Assembly establishes a pilot program for first-time, |
non-violent offenders charged with certain weapons possession |
offenses. The General Assembly recognizes some persons, |
particularly young adults in areas of high crime or poverty, |
may have experienced trauma that contributes to poor decision |
making skills, and the creation of a diversionary program |
poses a greater benefit to the community and the person than |
incarceration. Under this program, a court, with the consent |
of the defendant and the State's Attorney, may sentence a |
defendant charged with an unlawful use of weapons offense |
|
under Section 24-1 of the Criminal Code of 2012 or aggravated |
unlawful use of a weapon offense under Section 24-1.6 of the |
Criminal Code of 2012, if punishable as a Class 4 felony or |
lower, to a First Time Weapon Offense Offender Program. |
(b) A defendant is not eligible for this Program if: |
(1) the offense was committed during the commission of |
a violent offense as defined in subsection (h) of this |
Section; |
(2) he or she has previously been convicted or placed |
on probation or conditional discharge for any violent |
offense under the laws of this State, the laws of any other |
state, or the laws of the United States; |
(3) he or she had a prior successful completion of the |
First Time Weapon Offense Offender Program under this |
Section; |
(4) he or she has previously been adjudicated a |
delinquent minor for the commission of a violent offense; |
(5) (blank); or he or she is 21 years of age or older; |
or |
(6) he or she has an existing order of protection |
issued against him or her. |
(b-5) In considering whether a defendant shall be |
sentenced to the First Time Weapon Offense Offender Program, |
the court shall consider the following: |
(1) the age, immaturity, or limited mental capacity of |
the defendant; |
|
(2) the nature and circumstances of the offense; |
(3) whether participation in the Program is in the |
interest of the defendant's rehabilitation, including any |
employment or involvement in community, educational, |
training, or vocational programs; |
(4) whether the defendant suffers from trauma, as |
supported by documentation or evaluation by a licensed |
professional; and |
(5) the potential risk to public safety. |
(c) For an offense committed on or after January 1, 2018 |
(the effective date of Public Act 100-3) and before January 1, |
2024, whenever an eligible person pleads guilty to an unlawful |
use of weapons offense under Section 24-1 of the Criminal Code |
of 2012 or aggravated unlawful use of a weapon offense under |
Section 24-1.6 of the Criminal Code of 2012, which is |
punishable as a Class 4 felony or lower, the court, with the |
consent of the defendant and the State's Attorney, may, |
without entering a judgment, sentence the defendant to |
complete the First Time Weapon Offense Offender Program. When |
a defendant is placed in the Program, the court shall defer |
further proceedings in the case until the conclusion of the |
period or until the filing of a petition alleging violation of |
a term or condition of the Program. Upon violation of a term or |
condition of the Program, the court may enter a judgment on its |
original finding of guilt and proceed as otherwise provided by |
law. Upon fulfillment of the terms and conditions of the |
|
Program, the court shall discharge the person and dismiss the |
proceedings against the person. |
(d) The Program shall be at least 6 18 months and not to |
exceed 24 months, as determined by the court at the |
recommendation of the Program administrator and the State's |
Attorney. The Program administrator may be appointed by the |
Chief Judge of each Judicial Circuit. |
(e) The conditions of the Program shall be that the |
defendant: |
(1) not violate any criminal statute of this State or |
any other jurisdiction; |
(2) refrain from possessing a firearm or other |
dangerous weapon; |
(3) (blank); obtain or attempt to obtain employment; |
(4) (blank); attend educational courses designed to |
prepare the defendant for obtaining a high school diploma |
or to work toward passing high school equivalency testing |
or to work toward completing a vocational training |
program; |
(5) (blank); 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; |
|
(6) (blank); perform a minimum of 50 hours of |
community service; |
(7) attend and participate in any Program activities |
deemed required by the Program administrator, such as |
including but not limited to: counseling sessions, |
in-person and over the phone check-ins, and educational |
classes; and |
(8) (blank). pay all fines, assessments, fees, and |
costs. |
(f) The Program may, in addition to other conditions, |
require that the defendant: |
(1) obtain or attempt to obtain employment wear an |
ankle bracelet with GPS tracking; |
(2) attend educational courses designed to prepare the
|
defendant for obtaining a high school diploma or to work
|
toward passing high school equivalency testing or to work
|
toward completing a vocational training program undergo |
medical or psychiatric treatment, or treatment or |
rehabilitation approved by the Department of Human |
Services; and |
(3) refrain from having in his or her body the |
presence of any illicit drug prohibited by the
|
Methamphetamine Control and Community Protection 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; |
(4) perform community service; attend or reside in a |
facility established for the instruction or residence of |
defendants on probation. |
(5) pay all fines, assessments, fees, and costs; and |
(6) comply with such other reasonable conditions as |
the court may impose. |
(g) There may be only one discharge and dismissal under |
this Section. If a person is convicted of any offense which |
occurred within 5 years subsequent to a discharge and |
dismissal under this Section, the discharge and dismissal |
under this Section shall be admissible in the sentencing |
proceeding for that conviction as evidence in aggravation. |
(h) For purposes of this Section, "violent offense" means |
any offense in which bodily harm was inflicted or force was |
used against any person or threatened against any person; any |
offense involving the possession of a firearm or dangerous |
weapon; any offense involving sexual conduct, sexual |
penetration, or sexual exploitation; violation of an order of |
protection, stalking, hate crime, domestic battery, or any |
offense of domestic violence. |
(i) (Blank). This Section is repealed on January 1, 2024.
|
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
|
Section 99. Effective date. This Act takes effect July 1, |
2023.
|
