Illinois General Assembly - Full Text of SB2373
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Full Text of SB2373  102nd General Assembly

SB2373 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2373

 

Introduced 2/26/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 166/10
730 ILCS 166/20

    Amends the Drug Court Treatment Act. Includes in the definition of "drug court" judicial monitoring according to the rules adopted by the Illinois Supreme Court and any court that primarily accepts defendants charged with driving while impaired with either alcohol or drugs. Eliminates provision that the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if: (1) the defendant is charged with a Class 2 or greater felony violation of various manufacturing, delivery, trafficking, and drug conspiracy violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act; or (2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program. Effective immediately.


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A BILL FOR

 

SB2373LRB102 14160 KMF 19512 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing Sections 10 and 20 as follows:
 
6    (730 ILCS 166/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Drug court", "drug court program", or "program" means an
9immediate and highly structured judicial intervention process
10for substance abuse treatment of eligible defendants that
11brings together substance abuse professionals, local social
12programs, and intensive judicial monitoring in accordance with
13the nationally recommended 10 key components of drug courts
14and according to the rules adopted by the Illinois Supreme
15Court. "Drug court" also means any court that primarily
16accepts defendants charged with driving while impaired with
17either alcohol or drugs.
18    "Drug court professional" means a member of the drug court
19team, including but not limited to a judge, prosecutor,
20defense attorney, probation officer, coordinator, treatment
21provider, or peer recovery coach.
22    "Pre-adjudicatory drug court program" means a program that
23allows the defendant, with the consent of the prosecution, to

 

 

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1expedite the defendant's criminal case before conviction or
2before filing of a criminal case and requires successful
3completion of the drug court program as part of the agreement.
4    "Post-adjudicatory drug court program" means a program in
5which the defendant has admitted guilt or has been found
6guilty and agrees, along with the prosecution, to enter a drug
7court program as part of the defendant's sentence.
8    "Combination drug court program" means a drug court
9program that includes a pre-adjudicatory drug court program
10and a post-adjudicatory drug court program.
11(Source: P.A. 97-946, eff. 8-13-12.)
 
12    (730 ILCS 166/20)
13    Sec. 20. Eligibility.
14    (a) A defendant may be admitted into a drug court program
15only upon the agreement of the defendant and with the approval
16of the court.
17    (b) A defendant shall be excluded from a drug court
18program if any of one of the following apply:
19        (1) The crime is a crime of violence as set forth in
20    clause (4) of this subsection (b).
21        (2) The defendant denies his or her use of or
22    addiction to drugs.
23        (3) The defendant does not demonstrate a willingness
24    to participate in a treatment program.
25        (4) The defendant has been convicted of a crime of

 

 

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1    violence within the past 10 years excluding incarceration
2    time. As used in this Section, "crime of violence" means:
3    first degree murder, second degree murder, predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, criminal sexual assault, armed robbery,
6    aggravated arson, arson, aggravated kidnaping, kidnaping,
7    aggravated battery resulting in great bodily harm or
8    permanent disability, stalking, aggravated stalking, or
9    any offense involving the discharge of a firearm.
10    (c) (Blank). Notwithstanding subsection (a), the defendant
11may be admitted into a drug court program only upon the
12agreement of the prosecutor if:
13        (1) the defendant is charged with a Class 2 or greater
14    felony violation of:
15            (A) Section 401, 401.1, 405, or 405.2 of the
16        Illinois Controlled Substances Act;
17            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
18        Act;
19            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
20        or 65 of the Methamphetamine Control and Community
21        Protection Act; or
22        (2) the defendant has previously, on 3 or more
23    occasions, either completed a drug court program, been
24    discharged from a drug court program, or been terminated
25    from a drug court program.
26(Source: P.A. 99-480, eff. 9-9-15.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.