Synopsis As Introduced Amends the Criminal Identification Act, the Criminal Code of 1961, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Offender Initiative Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense, other than a violent offense, under the laws of this State, the laws of any other state, or the laws of the United States, pleads guilty to, or is found guilty of, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of both the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
Senate Floor Amendment No. 1 Adds a purpose clause to the Section creating the Offender Initiative Program. Provides that the Program applies to a person who is charged with or indicted for any of the specified offenses rather than pleads guilty to or is found guilty of the offense. Provides that the drug testing as a condition of the Program is permissive with the court rather than required in all cases. Changes references from probation to the Program.
House Committee Amendment No. 1 Provides that the time a defendant may be ordered to serve in the Offender Initiative Program shall be not less than 12 (rather than 24) months.
House Floor Amendment No. 2 Provides that the Offender Initiative Program applies only to defendants arrested for and charged with the specified offense (rather than charged with or indicted for the offense). Provides that the payment of fines and costs is a condition that the court may impose (rather than is required to impose) as a condition of the Program. Deletes provision that the court may require the defendant to make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of the Program. Deletes provision that the court may require the defendant to attend or reside in a facility established for the instruction or residence of defendants on probation. Deletes provision that a disposition ordering the defendant to participate in the Program is considered to be a conviction for the purposes of imposing the conditions of the Program and for appeal. Deletes provision that a discharge and dismissal under the Program is not a conviction for purposes of the Unified Code of Corrections or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Provides that when the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the Court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment for further proceedings as if the defendant had not participated in the Program. Eliminates restriction that if the court orders drug testing, it must be at least 3 times during the period of the Program and that the costs of testing be paid by the defendant. Provides that upon fulfillment of the terms and conditions of the Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the proceedings against the person. Provides that there shall be only one discharge and dismissal under the Program with respect to any person.