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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3410 Introduced 2/17/2023, by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
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Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder. Makes changes to offenses that exclude a defendant from admission into a drug court program.
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| | A BILL FOR |
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| | HB3410 | | LRB103 28546 RJT 54927 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Drug Court Treatment Act is amended by |
| 5 | | changing Section 20 as follows:
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| 6 | | (730 ILCS 166/20)
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| 7 | | Sec. 20. Eligibility.
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| 8 | | (a) A defendant may be admitted into a drug court program |
| 9 | | only upon the consent
of the defendant and with the approval of |
| 10 | | the
court. A defendant agrees to be admitted when a written |
| 11 | | consent to participate is provided to the court in open court |
| 12 | | and the defendant acknowledges understanding its contents. |
| 13 | | (a-5) Each drug court shall have a target population |
| 14 | | defined in its written policies and procedures. The policies |
| 15 | | and procedures shall define that court's eligibility and |
| 16 | | exclusionary criteria.
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| 17 | | (a-10) Before a defendant is admitted into a drug court |
| 18 | | program, the court must make a finding that the crime for which |
| 19 | | the defendant is to be admitted into the drug court program had |
| 20 | | a nexus to the defendant's substance use disorder, as that |
| 21 | | term is defined in Section 1-10 of the Substance Use Disorder |
| 22 | | Act. |
| 23 | | (b) A defendant shall be excluded from a drug court |
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| | HB3410 | - 2 - | LRB103 28546 RJT 54927 b |
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| 1 | | program if any one of
the following applies:
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| 2 | | (1) The crime is a crime of violence as set forth in |
| 3 | | paragraph (4) of this
subsection (b).
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| 4 | | (2) The defendant denies his or her use of or |
| 5 | | addiction to drugs.
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| 6 | | (3) The defendant does not demonstrate a willingness |
| 7 | | to participate in
a treatment program.
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| 8 | | (4) The defendant has been convicted of a crime of |
| 9 | | violence within the
past 5
years excluding incarceration |
| 10 | | time, parole, and periods of mandatory supervised release. |
| 11 | | As used in this paragraph, "crime of violence" means: |
| 12 | | first
degree murder, second degree murder, predatory |
| 13 | | criminal sexual assault of a
child, aggravated criminal |
| 14 | | sexual assault, criminal sexual assault, armed
robbery, |
| 15 | | aggravated arson, arson, aggravated kidnaping, kidnapping, |
| 16 | | aggravated
battery resulting in great bodily harm or |
| 17 | | permanent disability, aggravated domestic battery |
| 18 | | resulting in great bodily harm or permanent disability, |
| 19 | | aggravated criminal sexual abuse by a person in a position |
| 20 | | of trust or authority over a child, stalking,
aggravated |
| 21 | | stalking, home invasion, aggravated vehicular hijacking, |
| 22 | | or any offense
involving the discharge of a firearm. |
| 23 | | "Crime of violence" also means: robbery; aggravated |
| 24 | | robbery; aggravated assault if a deadly weapon was used |
| 25 | | during the offense; aggravated unlawful use of a weapon; |
| 26 | | violation of an order of protection; failure to register |
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| | HB3410 | - 3 - | LRB103 28546 RJT 54927 b |
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| 1 | | as a violent offender against youth or failure to report |
| 2 | | to a law enforcement agency as required under the Murderer |
| 3 | | and Violent Offender Against Youth Registration Act; |
| 4 | | aggravated driving under the influence of alcohol, other |
| 5 | | drug or drugs, or intoxicating compound or compounds, or |
| 6 | | any combination thereof; or any offense requiring |
| 7 | | registration under the Murderer and Violent Offender |
| 8 | | Against Youth Registration Act.
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| 9 | | (5) The defendant is charged with a violation of |
| 10 | | subparagraph (F) of paragraph (1) of subsection (d) of |
| 11 | | Section 11-501 of the Illinois Vehicle Code in which an |
| 12 | | individual is charged with aggravated driving under the |
| 13 | | influence that resulted in the death of another person or |
| 14 | | when the violation was a proximate cause of the death, |
| 15 | | unless, pursuant to subparagraph (G) of paragraph (1) of |
| 16 | | subsection (d) of Section 11-501 of the Illinois Vehicle |
| 17 | | Code, the court determines that extraordinary |
| 18 | | circumstances exist and require probation. |
| 19 | | (c) Notwithstanding subsection (a), the defendant may be |
| 20 | | admitted into a drug court program only upon the agreement of |
| 21 | | the prosecutor if the defendant is charged with a Class 2 or |
| 22 | | greater felony violation of: |
| 23 | | (1) Section 401, 401.1, 405, or 405.2 of the Illinois |
| 24 | | Controlled Substances Act; |
| 25 | | (2) Section 5, 5.1, or 5.2 of the Cannabis Control |
| 26 | | Act; or |
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| 1 | | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or |
| 2 | | 65 of the Methamphetamine Control and Community Protection |
| 3 | | Act.
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| 4 | | (Source: P.A. 102-1041, eff. 6-2-22.)
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