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1 | AN ACT concerning criminal law.
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2 | WHEREAS, Treatment Alternatives for Safe Communities
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3 | (TASC) is a more rigorous sentencing option employed by
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4 | Illinois courts to ensure that offenders rehabilitate and prove
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5 | to the Court that they remain drug free; therefore
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6 | Be it enacted by the People of the State of Illinois,
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7 | represented in the General Assembly:
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8 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act is amended by changing Section 40-5 as follows:
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10 | (20 ILCS 301/40-5)
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11 | Sec. 40-5. Election of treatment. An addict or alcoholic | ||||||
12 | who is charged
with or convicted of a crime may elect treatment | ||||||
13 | under the supervision of a
licensed program designated by the | ||||||
14 | Department, referred to in this Article
as "designated | ||||||
15 | program", unless:
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16 | (1) the crime is a crime of violence;
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17 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
18 | 401(c) where the
person electing treatment has been | ||||||
19 | previously convicted of a non-probationable
felony or the | ||||||
20 | violation is non-probationable, 401(d) where the violation | ||||||
21 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
22 | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), |
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1 | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | ||||||
2 | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | ||||||
3 | 60(b)(4), 60(b)(5), 60(b)(6) 60 , or 65 of the | ||||||
4 | Methamphetamine Control and Community Protection Act or is | ||||||
5 | otherwise ineligible for probation under Section 70 of the | ||||||
6 | Methamphetamine Control and Community Protection Act ;
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7 | (3) the person has a record of 2 or more convictions of | ||||||
8 | a crime of
violence;
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9 | (4) other criminal proceedings alleging commission of | ||||||
10 | a felony are pending
against the person;
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11 | (5) the person is on probation or parole and the | ||||||
12 | appropriate parole or
probation authority does not consent | ||||||
13 | to that election;
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14 | (6) the person elected and was admitted to a designated | ||||||
15 | program on 2 prior
occasions within any consecutive 2-year | ||||||
16 | period;
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17 | (7) the person has been convicted of residential | ||||||
18 | burglary and has a record
of one or more felony | ||||||
19 | convictions;
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20 | (8) the crime is a violation of Section 11-501 of the | ||||||
21 | Illinois Vehicle
Code or a similar provision of a local | ||||||
22 | ordinance; or
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23 | (9) the crime is a reckless homicide or a reckless | ||||||
24 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
25 | 9-3.2 of the Criminal Code of 1961, in
which the cause of | ||||||
26 | death consists of the driving of a motor vehicle by a |
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1 | person
under the influence of alcohol or any other drug or | ||||||
2 | drugs at the time of the
violation.
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3 | (Source: P.A. 94-556, eff. 9-11-05.)
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4 | Section 10. The Cannabis Control Act is amended by changing | ||||||
5 | Section 10 as follows:
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6 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
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7 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
8 | been convicted of, or placed
on probation or court supervision | ||||||
9 | for, any offense under this Act or any
law of the United States | ||||||
10 | or of any State relating to a felony cannabis violation or a | ||||||
11 | misdemeanor cannabis violation involving the manufacture or | ||||||
12 | delivery or the possession with intent to manufacture or | ||||||
13 | deliver cannabis , or controlled
substances as defined in the | ||||||
14 | Illinois Controlled Substances Act, pleads
guilty to or is | ||||||
15 | found guilty of violating Sections 4(a), 4(b), 4(c),
5(a), | ||||||
16 | 5(b), 5(c) or 8 of this Act, the court may, without entering a
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17 | judgment and with the consent of such person, sentence him to | ||||||
18 | probation.
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19 | (b) When a person is placed on probation, the court shall | ||||||
20 | enter an order
specifying a period of probation of 24 months, | ||||||
21 | and shall defer further
proceedings in
the case until the | ||||||
22 | conclusion of the period or until the filing of a petition
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23 | alleging violation of a term or condition of probation.
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24 | (c) The conditions of probation shall be that the person: |
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1 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
2 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
3 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
4 | as ordered by the court, but no less than 3 times during the | ||||||
5 | period of
the probation, with the cost of the testing to be | ||||||
6 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
7 | of community service, provided community
service is available | ||||||
8 | in the jurisdiction and is funded and approved by the
county | ||||||
9 | board.
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10 | (d) The court may, in addition to other conditions, require
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11 | that the person:
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12 | (1) make a report to and appear in person before or | ||||||
13 | participate with the
court or such courts, person, or | ||||||
14 | social service agency as directed by the
court in the order | ||||||
15 | of probation;
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16 | (2) pay a fine and costs;
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17 | (3) work or pursue a course of study or vocational | ||||||
18 | training;
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19 | (4) undergo medical or psychiatric treatment; or | ||||||
20 | treatment for drug
addiction or alcoholism;
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21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or
residence of defendants on probation;
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23 | (6) support his dependents;
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24 | (7) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon;
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26 | (7-5) refrain from having in his or her body the |
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1 | presence of any illicit
drug prohibited by the Cannabis | ||||||
2 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act, | ||||||
4 | unless prescribed by a physician, and submit samples of
his | ||||||
5 | or her blood or urine or both for tests to determine the | ||||||
6 | presence of any
illicit drug;
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7 | (8) and in addition, if a minor:
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8 | (i) reside with his parents or in a foster home;
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9 | (ii) attend school;
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10 | (iii) attend a non-residential program for youth;
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11 | (iv) contribute to his own support at home or in a | ||||||
12 | foster home.
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13 | (e) Upon violation of a term or condition of probation, the
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14 | court
may enter a judgment on its original finding of guilt and | ||||||
15 | proceed as otherwise
provided.
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16 | (f) Upon fulfillment of the terms and
conditions of | ||||||
17 | probation, the court shall discharge such person and dismiss
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18 | the proceedings against him.
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19 | (g) A disposition of probation is considered to be a | ||||||
20 | conviction
for the purposes of imposing the conditions of | ||||||
21 | probation and for appeal,
however, discharge and dismissal | ||||||
22 | under this Section is not a conviction for
purposes of | ||||||
23 | disqualification or disabilities imposed by law upon | ||||||
24 | conviction of
a crime (including the additional penalty imposed | ||||||
25 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
26 | of this Act).
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1 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
2 | of the Illinois Controlled Substances Act, or Section 70 of the | ||||||
3 | Methamphetamine Control and Community Protection Act may occur | ||||||
4 | only once
with respect to any person.
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5 | (i) If a person is convicted of an offense under this Act, | ||||||
6 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
7 | Control and Community Protection Act within 5 years
subsequent | ||||||
8 | to a discharge and dismissal under this Section, the discharge | ||||||
9 | and
dismissal under this Section shall be admissible in the | ||||||
10 | sentencing proceeding
for that conviction
as a factor in | ||||||
11 | aggravation.
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12 | (Source: P.A. 94-556, eff. 9-11-05.)
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13 | Section 15. The Illinois Controlled Substances Act is | ||||||
14 | amended by changing Section 410 as follows:
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15 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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16 | Sec. 410. (a) Whenever any person who has not previously | ||||||
17 | been convicted
of, or placed on probation or court supervision | ||||||
18 | for any offense under this
Act or any law of the United States | ||||||
19 | or of any State relating to cannabis
or controlled substances | ||||||
20 | or a felony cannabis violation or a misdemeanor cannabis | ||||||
21 | violation involving the manufacture or delivery or the | ||||||
22 | possession with intent to manufacture or deliver cannabis , | ||||||
23 | pleads guilty to or is found guilty of possession
of a | ||||||
24 | controlled or counterfeit substance under subsection (c) of |
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1 | Section
402 or of unauthorized possession of prescription form | ||||||
2 | under Section 406.2, the court, without entering a judgment and | ||||||
3 | with the consent of such
person, may sentence him to probation.
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4 | (b) When a person is placed on probation, the court shall | ||||||
5 | enter an order
specifying a period of probation of 24 months | ||||||
6 | and shall defer further
proceedings in the case until the | ||||||
7 | conclusion of the period or until the
filing of a petition | ||||||
8 | alleging violation of a term or condition of probation.
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9 | (c) The conditions of probation shall be that the person: | ||||||
10 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
11 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
12 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
13 | as ordered by the court, but no less than 3
times during the | ||||||
14 | period of the probation, with the cost of the testing to be
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15 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
16 | of community
service, provided community service is available | ||||||
17 | in the jurisdiction and is
funded
and approved by the county | ||||||
18 | board.
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19 | (d) The court may, in addition to other conditions, require | ||||||
20 | that the person:
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21 | (1) make a report to and appear in person before or | ||||||
22 | participate with the
court or such courts, person, or | ||||||
23 | social service agency as directed by the
court in the order | ||||||
24 | of probation;
| ||||||
25 | (2) pay a fine and costs;
| ||||||
26 | (3) work or pursue a course of study or vocational
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1 | training;
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2 | (4) undergo medical or psychiatric treatment; or | ||||||
3 | treatment or
rehabilitation approved by the Illinois | ||||||
4 | Department of Human Services;
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5 | (5) attend or reside in a facility established for the | ||||||
6 | instruction or
residence of defendants on probation;
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7 | (6) support his dependents;
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8 | (6-5) refrain from having in his or her body the | ||||||
9 | presence of any illicit
drug prohibited by the Cannabis | ||||||
10 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | unless prescribed by a physician, and submit samples of
his | ||||||
13 | or her blood or urine or both for tests to determine the | ||||||
14 | presence of any
illicit drug;
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15 | (7) and in addition, if a minor:
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16 | (i) reside with his parents or in a foster home;
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17 | (ii) attend school;
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18 | (iii) attend a non-residential program for youth;
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19 | (iv) contribute to his own support at home or in a | ||||||
20 | foster home.
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21 | (e) Upon violation of a term or condition of probation, the | ||||||
22 | court
may enter a judgment on its original finding of guilt and | ||||||
23 | proceed as
otherwise provided.
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24 | (f) Upon fulfillment of the terms and conditions of | ||||||
25 | probation, the court
shall discharge the person and dismiss the | ||||||
26 | proceedings against him.
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1 | (g) A disposition of probation is considered to be a | ||||||
2 | conviction
for the purposes of imposing the conditions of | ||||||
3 | probation and for appeal,
however, discharge and dismissal | ||||||
4 | under this Section is not a conviction for
purposes of this Act | ||||||
5 | or for purposes of disqualifications or disabilities
imposed by | ||||||
6 | law upon conviction of a crime.
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7 | (h) There may be only one discharge and dismissal under | ||||||
8 | this Section,
Section 10 of the Cannabis Control Act, or | ||||||
9 | Section 70 of the Methamphetamine Control and Community | ||||||
10 | Protection Act with respect to any person.
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11 | (i) If a person is convicted of an offense under this Act, | ||||||
12 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
13 | Community Protection Act within 5 years
subsequent to a | ||||||
14 | discharge and dismissal under this Section, the discharge and
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15 | dismissal under this Section shall be admissible in the | ||||||
16 | sentencing proceeding
for that conviction
as evidence in | ||||||
17 | aggravation.
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18 | (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
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19 | Section 20. The Methamphetamine Control and Community | ||||||
20 | Protection Act is amended by changing Section 70 as follows: | ||||||
21 | (720 ILCS 646/70)
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22 | Sec. 70. Probation. | ||||||
23 | (a) Whenever any person who has not previously been | ||||||
24 | convicted of, or placed on probation or court supervision for |
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1 | any offense under this Act, the Illinois Controlled Substances | ||||||
2 | Act, a felony violation of the Cannabis Control Act, or any law | ||||||
3 | of the United States or of any state relating to cannabis or | ||||||
4 | controlled substances or a felony cannabis violation or a | ||||||
5 | misdemeanor cannabis violation involving the manufacture or | ||||||
6 | delivery or the possession with intent to manufacture or | ||||||
7 | deliver cannabis , pleads guilty to or is found guilty of | ||||||
8 | possession of less than 15 grams of methamphetamine under | ||||||
9 | paragraph (1) or (2) of subsection (b) of Section 60 of this | ||||||
10 | Act, the court, without entering a judgment and with the | ||||||
11 | consent of the person, may sentence him or her to probation.
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12 | (b) When a person is placed on probation, the court shall | ||||||
13 | enter an order specifying a period of probation of 24 months | ||||||
14 | and shall defer further proceedings in the case until the | ||||||
15 | conclusion of the period or until the filing of a petition | ||||||
16 | alleging violation of a term or condition of probation.
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17 | (c) The conditions of probation shall be that the person: | ||||||
18 | (1) not violate any criminal statute of any | ||||||
19 | jurisdiction; | ||||||
20 | (2) refrain from possessing a firearm or other | ||||||
21 | dangerous weapon; | ||||||
22 | (3) submit to periodic drug testing at a time and in a | ||||||
23 | manner as ordered by the court, but no less than 3 times | ||||||
24 | during the period of the probation, with the cost of the | ||||||
25 | testing to be paid by the probationer; and | ||||||
26 | (4) perform no less than 30 hours of community service, |
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1 | if community service is available in the jurisdiction and | ||||||
2 | is funded and approved by the county board.
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3 | (d) The court may, in addition to other conditions, require | ||||||
4 | that the person take one or more of the following actions:
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5 | (1) make a report to and appear in person before or | ||||||
6 | participate with the court or such courts, person, or | ||||||
7 | social service agency as directed by the court in the order | ||||||
8 | of probation;
| ||||||
9 | (2) pay a fine and costs;
| ||||||
10 | (3) work or pursue a course of study or vocational | ||||||
11 | training;
| ||||||
12 | (4) undergo medical or psychiatric treatment; or | ||||||
13 | treatment or rehabilitation approved by the Illinois | ||||||
14 | Department of Human Services;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction or residence of defendants on probation;
| ||||||
17 | (6) support his or her dependents;
| ||||||
18 | (7) refrain from having in his or her body the presence | ||||||
19 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
20 | Control Act, or the Illinois Controlled Substances Act, | ||||||
21 | unless prescribed by a physician, and submit samples of his | ||||||
22 | or her blood or urine or both for tests to determine the | ||||||
23 | presence of any illicit drug; or
| ||||||
24 | (8) if a minor:
| ||||||
25 | (i) reside with his or her parents or in a foster | ||||||
26 | home;
|
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| |||||||
1 | (ii) attend school;
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2 | (iii) attend a non-residential program for youth; | ||||||
3 | or
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4 | (iv) contribute to his or her own support at home | ||||||
5 | or in a foster home.
| ||||||
6 | (e) Upon violation of a term or condition of probation, the | ||||||
7 | court may enter a judgment on its original finding of guilt and | ||||||
8 | proceed as otherwise provided.
| ||||||
9 | (f) Upon fulfillment of the terms and conditions of | ||||||
10 | probation, the court shall discharge the person and dismiss the | ||||||
11 | proceedings against the person.
| ||||||
12 | (g) A disposition of probation is considered to be a | ||||||
13 | conviction for the purposes of imposing the conditions of | ||||||
14 | probation and for appeal, however, discharge and dismissal | ||||||
15 | under this Section is not a conviction for purposes of this Act | ||||||
16 | or for purposes of disqualifications or disabilities imposed by | ||||||
17 | law upon conviction of a crime.
| ||||||
18 | (h) There may be only one discharge and dismissal under | ||||||
19 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
20 | Act, or Section 10 of the Cannabis Control Act with respect to | ||||||
21 | any person.
| ||||||
22 | (i) If a person is convicted of an offense under this Act, | ||||||
23 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
24 | Act within 5 years subsequent to a discharge and dismissal | ||||||
25 | under this Section, the discharge and dismissal under this | ||||||
26 | Section are admissible in the sentencing proceeding for that |
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1 | conviction as evidence in aggravation.
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2 | (Source: P.A. 94-556, eff. 9-11-05.)
|