Bill Text: IL SB3423 | 2011-2012 | 97th General Assembly | Chaptered
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 | ||||
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AN ACT concerning drugs.
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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
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Alcoholism and Other Drug Abuse and | ||||
Dependency Act is amended by changing Section 40-5 as follows:
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(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.)
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