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| Public Act 098-0896 | ||||
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AN ACT concerning State government.
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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: | ||||
(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 12-7.3 of | ||||
the Criminal Code of 2012, 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
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violation. | ||
(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13; | ||
97-1150, eff. 1-25-13.)
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