Bill Text: IL SB3522 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Unified Code of Corrections. Provides that moneys appropriated to the Department of Human Services shall be used by the Department to contract with counties or qualified programs to reimburse the counties and qualified programs for services delivered under the Offender Initiative Program and the Second Chance Probation Program. Provides that the Department of Human Services shall retain 5% of the appropriation for the costs associated with administering the services provided by the Department. Provides that expenditure of moneys under this provision is subject to audit by the Auditor General. Provides that the Department of Human Services shall report to the General Assembly by January 1, 2016 and by every following January 1 for as long as the services are available, detailing the impact of existing services, the need for continued services, and any recommendations for changes in services or in the reimbursement for services. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1124 [SB3522 Detail]

Download: Illinois-2013-SB3522-Chaptered.html

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Public Act 098-1124
SB3522 Enrolled LRB098 19707 RLC 54918 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. 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), 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 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. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13;
97-1150, eff. 1-25-13.)
Section 5. The Unified Code of Corrections is amended by
adding Section 5-6-3.5 as follows:
(730 ILCS 5/5-6-3.5 new)
Sec. 5-6-3.5. Appropriations to the Department of Human
Services for services under the Offender Initiative Program and
Second Chance Probation.
(a) As used in this Section, "qualified program" means a
program licensed, certified, or otherwise overseen by the
Department of Human Services under the rules adopted by the
Department.
(b) Subject to appropriation, the Department of Human
Services shall, in collaboration with the appropriate State
agency, contract with counties and qualified programs to
reimburse the counties and qualified programs for the

following:
(1) Services relating to defendants eligible for and
participating in an Offender Initiative Program, subject
to Section 5-6-3.3 of this Code, including:
(A) psychiatric treatment or treatment or
rehabilitation approved by the Department of Human
Services as provided for in subsection (d) of Section
5-6-3.3 of this Code; and
(B) educational courses designed to prepare the
defendant for obtaining a high school diploma or to
work toward passing the high school equivalency test or
to work toward completing a vocational training
program as provided for in subsection (c) of Section
5-6-3.3 of this Code.
(2) Services relating to defendants eligible for and
participating in Second Chance Probation, subject to
Section 5-6-3.4 of this Code, including:
(A) psychiatric treatment or treatment or
rehabilitation approved by the Department of Human
Services as provided for in subsection (d) of Section
5-6-3.4 of this Code; and
(B) educational courses designed to prepare the
defendant for obtaining a high school diploma or to
work toward passing the high school equivalency test or
to work toward completing a vocational training
program as provided in subsection (c) of Section

5-6-3.4 of this Code.
(c) The Department of Human Services shall retain 5% of the
moneys appropriated for the cost of administering the services
provided by the Department.
(d) The Department of Human Services shall adopt rules and
procedures for reimbursements paid to counties and qualified
programs. Moneys received under this Section shall be in
addition to moneys currently expended to provide similar
services.
(e) Expenditure of moneys under this Section is subject to
audit by the Auditor General.
(f) The Department of Human Services shall report to the
General Assembly on or before January 1, 2016 and on or before
each following January 1, for as long as the services are
available, detailing the impact of existing services, the need
for continued services, and any recommendations for changes in
services or in the reimbursement for services.
Section 99. Effective date. This Act takes effect upon
becoming law.