Bill Text: IL SB3423 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that treatment under the supervision of a licensed program designated by the Department of Human Services is not available to: a first-time offender charged or convicted of possession of 15 grams or more (rather than any amount) of methamphetamine; or a person who is otherwise ineligible for probation under specified provisions of the Methamphetamine Control and Community Protection Act.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Passed) 2012-08-02 - Public Act . . . . . . . . . 97-0889 [SB3423 Detail]

Download: Illinois-2011-SB3423-Chaptered.html

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Public Act 097-0889
SB3423 Enrolled LRB097 17881 KTG 63103 b
AN ACT concerning drugs.
WHEREAS, Treatment Alternatives for Safe Communities
(TASC) is a more rigorous sentencing option employed by
Illinois courts to ensure that offenders rehabilitate and prove
to the Court that they remain drug free; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as follows:
(20 ILCS 301/40-5)
Sec. 40-5. Election of treatment. 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 "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 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) 60, 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
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, 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.
(Source: P.A. 96-1440, eff. 1-1-11.)