Bill Text: IL SB3800 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Drug Court Treatment Act. Includes in the definition of "drug court" judicial monitoring according to the rules adopted by the Illinois Supreme Court and any court that primarily accepts defendants charged with driving while impaired with either alcohol or drugs. Eliminates provision that the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if: (1) the defendant is charged with a Class 2 or greater felony violation of various manufacturing, delivery, trafficking, and drug conspiracy violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act; or (2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3800 Detail]

Download: Illinois-2019-SB3800-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3800

Introduced 2/14/2020, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:
730 ILCS 166/10
730 ILCS 166/20

Amends the Drug Court Treatment Act. Includes in the definition of "drug court" judicial monitoring according to the rules adopted by the Illinois Supreme Court and any court that primarily accepts defendants charged with driving while impaired with either alcohol or drugs. Eliminates provision that the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if: (1) the defendant is charged with a Class 2 or greater felony violation of various manufacturing, delivery, trafficking, and drug conspiracy violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act; or (2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program. Effective immediately.
LRB101 18866 RLC 68324 b

A BILL FOR

SB3800LRB101 18866 RLC 68324 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Drug Court Treatment Act is amended by
5changing Sections 10 and 20 as follows:
6 (730 ILCS 166/10)
7 Sec. 10. Definitions. As used in this Act:
8 "Drug court", "drug court program", or "program" means an
9immediate and highly structured judicial intervention process
10for substance abuse treatment of eligible defendants that
11brings together substance abuse professionals, local social
12programs, and intensive judicial monitoring in accordance with
13the nationally recommended 10 key components of drug courts and
14according to the rules adopted by the Illinois Supreme Court.
15"Drug court" also means any court that primarily accepts
16defendants charged with driving while impaired with either
17alcohol or drugs.
18 "Drug court professional" means a member of the drug court
19team, including but not limited to a judge, prosecutor, defense
20attorney, probation officer, coordinator, treatment provider,
21or peer recovery coach.
22 "Pre-adjudicatory drug court program" means a program that
23allows the defendant, with the consent of the prosecution, to

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1expedite the defendant's criminal case before conviction or
2before filing of a criminal case and requires successful
3completion of the drug court program as part of the agreement.
4 "Post-adjudicatory drug court program" means a program in
5which the defendant has admitted guilt or has been found guilty
6and agrees, along with the prosecution, to enter a drug court
7program as part of the defendant's sentence.
8 "Combination drug court program" means a drug court program
9that includes a pre-adjudicatory drug court program and a
10post-adjudicatory drug court program.
11(Source: P.A. 97-946, eff. 8-13-12.)
12 (730 ILCS 166/20)
13 Sec. 20. Eligibility.
14 (a) A defendant may be admitted into a drug court program
15only upon the agreement of the defendant and with the approval
16of the court.
17 (b) A defendant shall be excluded from a drug court program
18if any of one of the following apply:
19 (1) The crime is a crime of violence as set forth in
20 clause (4) of this subsection (b).
21 (2) The defendant denies his or her use of or addiction
22 to drugs.
23 (3) The defendant does not demonstrate a willingness to
24 participate in a treatment program.
25 (4) The defendant has been convicted of a crime of

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1 violence within the past 10 years excluding incarceration
2 time. As used in this Section, "crime of violence" means:
3 first degree murder, second degree murder, predatory
4 criminal sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, armed robbery,
6 aggravated arson, arson, aggravated kidnaping, kidnaping,
7 aggravated battery resulting in great bodily harm or
8 permanent disability, stalking, aggravated stalking, or
9 any offense involving the discharge of a firearm.
10 (c) (Blank). Notwithstanding subsection (a), the defendant
11may be admitted into a drug court program only upon the
12agreement of the prosecutor if:
13 (1) the defendant is charged with a Class 2 or greater
14 felony violation of:
15 (A) Section 401, 401.1, 405, or 405.2 of the
16 Illinois Controlled Substances Act;
17 (B) Section 5, 5.1, or 5.2 of the Cannabis Control
18 Act;
19 (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
20 or 65 of the Methamphetamine Control and Community
21 Protection Act; or
22 (2) the defendant has previously, on 3 or more
23 occasions, either completed a drug court program, been
24 discharged from a drug court program, or been terminated
25 from a drug court program.
26(Source: P.A. 99-480, eff. 9-9-15.)

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1 Section 99. Effective date. This Act takes effect upon
2becoming law.
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