Illinois General Assembly - Full Text of SB2601
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Full Text of SB2601  99th General Assembly

SB2601enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2601 EnrolledLRB099 19784 KTG 44182 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 40-10 as follows:
 
6    (20 ILCS 301/40-10)
7    Sec. 40-10. Treatment as a condition of probation.
8    (a) If a court has reason to believe that an individual who
9is charged with or convicted of a crime suffers from alcoholism
10or other drug addiction and the court finds that he is eligible
11to make the election provided for under Section 40-5, the court
12shall advise the individual that he or she may be sentenced to
13probation and shall be subject to terms and conditions of
14probation under Section 5-6-3 of the Unified Code of
15Corrections if he or she elects to submit to treatment and is
16accepted for treatment by a designated program. The court shall
17further advise the individual that:
18        (1) if he or she elects to submit to treatment and is
19    accepted he or she shall be sentenced to probation and
20    placed under the supervision of the designated program for
21    a period not to exceed the maximum sentence that could be
22    imposed for his conviction or 5 years, whichever is less.
23        (2) during probation he or she may be treated at the

 

 

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1    discretion of the designated program.
2        (3) if he or she adheres to the requirements of the
3    designated program and fulfills the other conditions of
4    probation ordered by the court, he or she will be
5    discharged, but any failure to adhere to the requirements
6    of the designated program is a breach of probation.
7    The court may certify an individual for treatment while on
8probation under the supervision of a designated program and
9probation authorities regardless of the election of the
10individual.
11    (b) If the individual elects to undergo treatment or is
12certified for treatment, the court shall order an examination
13by a designated program to determine whether he suffers from
14alcoholism or other drug addiction and is likely to be
15rehabilitated through treatment. The designated program shall
16report to the court the results of the examination and
17recommend whether the individual should be placed for
18treatment. If the court, on the basis of the report and other
19information, finds that such an individual suffers from
20alcoholism or other drug addiction and is likely to be
21rehabilitated through treatment, the individual shall be
22placed on probation and under the supervision of a designated
23program for treatment and under the supervision of the proper
24probation authorities for probation supervision unless, giving
25consideration to the nature and circumstances of the offense
26and to the history, character and condition of the individual,

 

 

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1the court is of the opinion that no significant relationship
2exists between the addiction or alcoholism of the individual
3and the crime committed, or that his imprisonment or periodic
4imprisonment is necessary for the protection of the public, and
5the court specifies on the record the particular evidence,
6information or other reasons that form the basis of such
7opinion. However, under no circumstances shall the individual
8be placed under the supervision of a designated program for
9treatment before the entry of a judgment of conviction.
10    (c) If the court, on the basis of the report or other
11information, finds that the individual suffering from
12alcoholism or other drug addiction is not likely to be
13rehabilitated through treatment, or that his addiction or
14alcoholism and the crime committed are not significantly
15related, or that his imprisonment or periodic imprisonment is
16necessary for the protection of the public, the court shall
17impose sentence as in other cases. The court may require such
18progress reports on the individual from the probation officer
19and designated program as the court finds necessary. No
20individual may be placed under treatment supervision unless a
21designated program accepts him for treatment.
22    (d) Failure of an individual placed on probation and under
23the supervision of a designated program to observe the
24requirements set down by the designated program shall be
25considered a probation violation. Such failure shall be
26reported by the designated program to the probation officer in

 

 

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1charge of the individual and treated in accordance with
2probation regulations.
3    (e) Upon successful fulfillment of the terms and conditions
4of probation the court shall discharge the person from
5probation. If the person has not previously been convicted of
6any felony offense and has not previously been granted a
7vacation of judgment under this Section, upon motion, the court
8shall vacate the judgment of conviction and dismiss the
9criminal proceedings against him unless, having considered the
10nature and circumstances of the offense and the history,
11character and condition of the individual, the court finds that
12the motion should not be granted. Unless good cause is shown,
13such motion to vacate must be filed at any time from the date
14of within 30 days of the entry of the judgment to a date that is
15not more than 60 days after the discharge of the probation.
16(Source: P.A. 91-663, eff. 12-22-99.)