Full Text of SB3522 98th General Assembly
SB3522enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by changing Section 40-5 as follows: | 6 | | (20 ILCS 301/40-5) | 7 | | Sec. 40-5. Election of treatment. An addict or alcoholic | 8 | | who is charged
with or convicted of a crime or any other person | 9 | | charged with or convicted of a misdemeanor violation of the Use | 10 | | of Intoxicating Compounds Act and who has not been previously | 11 | | convicted of a violation of that Act may elect treatment under | 12 | | the supervision of a
licensed program designated by the | 13 | | Department, referred to in this Article
as "designated | 14 | | program", unless: | 15 | | (1) the crime is a crime of violence; | 16 | | (2) the crime is a violation of Section 401(a), 401(b), | 17 | | 401(c) where the
person electing treatment has been | 18 | | previously convicted of a non-probationable
felony or the | 19 | | violation is non-probationable, 401(d) where the violation | 20 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the | 21 | | Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | 22 | | 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 23 | | Cannabis Control Act or Section 15, 20, 55, 60(b)(3), |
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| 1 | | 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine | 2 | | Control and Community Protection Act or is otherwise | 3 | | ineligible for probation under Section 70 of the | 4 | | Methamphetamine Control and Community Protection Act; | 5 | | (3) the person has a record of 2 or more convictions of | 6 | | a crime of
violence; | 7 | | (4) other criminal proceedings alleging commission of | 8 | | a felony are pending
against the person; | 9 | | (5) the person is on probation or parole and the | 10 | | appropriate parole or
probation authority does not consent | 11 | | to that election; | 12 | | (6) the person elected and was admitted to a designated | 13 | | program on 2 prior
occasions within any consecutive 2-year | 14 | | period; | 15 | | (7) the person has been convicted of residential | 16 | | burglary and has a record
of one or more felony | 17 | | convictions; | 18 | | (8) the crime is a violation of Section 11-501 of the | 19 | | Illinois Vehicle
Code or a similar provision of a local | 20 | | ordinance; or | 21 | | (9) the crime is a reckless homicide or a reckless | 22 | | homicide of an unborn
child, as defined in Section 9-3 or | 23 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012, in
which the cause of death consists of the driving | 25 | | of a motor vehicle by a person
under the influence of | 26 | | alcohol or any other drug or drugs at the time of the
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| 1 | | violation. | 2 | | Nothing in this Section shall preclude an individual who is | 3 | | charged with or convicted of a crime that is a violation of | 4 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | 5 | | Community Protection Act, and who is otherwise eligible to make | 6 | | the election provided for under this Section, from being | 7 | | eligible to make an election for treatment as a condition of | 8 | | probation as provided for under this Article. | 9 | | (Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13; | 10 | | 97-1150, eff. 1-25-13.) | 11 | | Section 5. The Unified Code of Corrections is amended by | 12 | | adding Section 5-6-3.5 as follows: | 13 | | (730 ILCS 5/5-6-3.5 new) | 14 | | Sec. 5-6-3.5. Appropriations to the Department of Human | 15 | | Services for services under the Offender Initiative Program and | 16 | | Second Chance Probation. | 17 | | (a) As used in this Section, "qualified program" means a | 18 | | program licensed, certified, or otherwise overseen by the | 19 | | Department of Human Services under the rules adopted by the | 20 | | Department. | 21 | | (b) Subject to appropriation, the Department of Human | 22 | | Services shall, in collaboration with the appropriate State | 23 | | agency, contract with counties and qualified programs to | 24 | | reimburse the counties and qualified programs for the |
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| 1 | | following: | 2 | | (1) Services relating to defendants eligible for and | 3 | | participating in an Offender Initiative Program, subject | 4 | | to Section 5-6-3.3 of this Code, including: | 5 | | (A) psychiatric treatment or treatment or | 6 | | rehabilitation approved by the Department of Human | 7 | | Services as provided for in subsection (d) of Section | 8 | | 5-6-3.3 of this Code; and | 9 | | (B) educational courses designed to prepare the | 10 | | defendant for obtaining a high school diploma or to | 11 | | work toward passing the high school equivalency test or | 12 | | to work toward completing a vocational training | 13 | | program as provided for in subsection (c) of Section | 14 | | 5-6-3.3 of this Code. | 15 | | (2) Services relating to defendants eligible for and | 16 | | participating in Second Chance Probation, subject to | 17 | | Section 5-6-3.4 of this Code, including: | 18 | | (A) psychiatric treatment or treatment or | 19 | | rehabilitation approved by the Department of Human | 20 | | Services as provided for in subsection (d) of Section | 21 | | 5-6-3.4 of this Code; and | 22 | | (B) educational courses designed to prepare the | 23 | | defendant for obtaining a high school diploma or to | 24 | | work toward passing the high school equivalency test or | 25 | | to work toward completing a vocational training | 26 | | program as provided in subsection (c) of Section |
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| 1 | | 5-6-3.4 of this Code. | 2 | | (c) The Department of Human Services shall retain 5% of the | 3 | | moneys appropriated for the cost of administering the services | 4 | | provided by the Department. | 5 | | (d) The Department of Human Services shall adopt rules and | 6 | | procedures for reimbursements paid to counties and qualified | 7 | | programs. Moneys received under this Section shall be in | 8 | | addition to moneys currently expended to provide similar | 9 | | services. | 10 | | (e) Expenditure of moneys under this Section is subject to | 11 | | audit by the Auditor General. | 12 | | (f) The Department of Human Services shall report to the | 13 | | General Assembly on or before January 1, 2016 and on or before | 14 | | each following January 1, for as long as the services are | 15 | | available, detailing the impact of existing services, the need | 16 | | for continued services, and any recommendations for changes in | 17 | | services or in the reimbursement for services.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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