Public Act 099-0574
 
SB2601 EnrolledLRB099 19784 KTG 44182 b


  
    AN ACT concerning State government.
  
 
    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 40-10 as follows:
 



    (20 ILCS 301/40-10)



    Sec. 40-10. Treatment as a condition of probation. 

    (a) If a court has reason to believe that an individual who 
is charged with
or convicted of a crime suffers from alcoholism 
or other drug addiction and the
court finds that he is eligible 
to make the election provided for under Section
40-5, the court 
shall advise the individual that he or she
may be sentenced to 
probation and
shall be subject to terms and conditions of 
probation under
Section 5-6-3 of the Unified Code of 
Corrections
if he or she elects to submit to treatment and is 
accepted for
treatment by a designated program.  The court shall 
further advise the
individual that:


        (1) if he or she elects to submit to treatment and is 
    accepted he or
she
shall be sentenced to probation and 
    placed under the supervision of the designated program
for 
    a period
not to exceed the maximum sentence that could be 
    imposed for his conviction or
5 years, whichever is less.


        (2) during probation he or she may be treated at the 
    discretion of the
designated
program.


        (3) if he or she adheres to the requirements of the 
    designated program
and
fulfills the other conditions of 
    probation ordered by the court, he or she
will be

    discharged, but any failure to adhere to the requirements 
    of the designated
program is a breach of probation. 

    The court may certify an individual for treatment while on

probation under the supervision of a designated program and 
probation
authorities regardless of the election of the 
individual.

    (b) If the individual elects to undergo treatment or is 
certified for
treatment, the court shall order an examination 
by a designated program to
determine whether he suffers from 
alcoholism or other drug addiction and is
likely to be 
rehabilitated through treatment.  The designated program shall

report to the court the results of the examination and 
recommend whether the
individual should be placed for 
treatment.  If the court, on the basis of the
report and other 
information, finds that such an individual suffers from

alcoholism or other drug addiction and is likely to be 
rehabilitated through
treatment, the individual shall be 
placed on probation and under the
supervision of a designated 
program for treatment and under the supervision of
the proper 
probation authorities for probation supervision unless, giving

consideration to the nature and circumstances of the offense 
and to the
history, character and condition of the individual, 
the court is of the opinion
that no significant relationship 
exists between the addiction or alcoholism of
the individual 
and the crime committed, or that his imprisonment or periodic

imprisonment is necessary for the protection of the public, and 
the court
specifies on the record the particular evidence, 
information or other reasons
that form the basis of such 
opinion.  However, under no circumstances shall the
individual 
be placed under the supervision of a designated program for

treatment before the entry of a judgment of conviction.

    (c) If the court, on the basis of the report or other 
information, finds
that the individual suffering from 
alcoholism or other drug addiction is not
likely to be 
rehabilitated through treatment, or that his addiction or

alcoholism and the crime committed are not significantly 
related, or that his
imprisonment or periodic imprisonment is 
necessary for the protection of the
public, the court shall 
impose sentence as in other cases. The court may
require such 
progress reports on the individual from the probation officer 
and
designated program as the court finds necessary.  No 
individual may be placed
under treatment supervision unless a 
designated program accepts him for
treatment.

    (d) Failure of an individual placed on probation and under 
the supervision
of a designated program to observe the 
requirements set down by the designated
program shall be 
considered a probation violation.   Such failure shall be

reported by the designated program to the probation officer in 
charge of the
individual and treated in accordance with 
probation regulations.

    (e) Upon successful fulfillment of the terms and conditions 
of probation the
court shall discharge the person from 
probation.  If the person has not
previously been convicted of 
any felony offense and has not previously been
granted a 
vacation of judgment under this Section, upon motion, the court 
shall
vacate the judgment of conviction and dismiss the 
criminal proceedings against
him unless, having considered the 
nature and circumstances of the offense and
the history, 
character and condition of the individual, the court finds that

the motion should not be granted.  Unless good cause is shown, 
such motion to
vacate must be filed at any time from the date 
of within 30 days of the entry of the judgment to a date that is 
not more than  60 days after the discharge of the probation.

(Source:  P.A. 91-663, eff. 12-22-99.)