Full Text of HB3699 100th General Assembly
HB3699ham001 100TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3699
| 2 | | AMENDMENT NO. ______. Amend House Bill 3699 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by changing Sections 40-5, 40-10, and | 6 | | 40-15 as follows: | 7 | | (20 ILCS 301/40-5) | 8 | | Sec. 40-5. Election of treatment. An individual with a | 9 | | mental illness, as defined by Section 1-129 of the Mental | 10 | | Health and Developmental Disabilities Code, or an An addict or | 11 | | alcoholic who is charged
with or convicted of a crime or any | 12 | | other person charged with or convicted of a misdemeanor | 13 | | violation of the Use of Intoxicating Compounds Act and who has | 14 | | not been previously convicted of a violation of that Act may | 15 | | elect treatment under the supervision of a
licensed program | 16 | | designated by the Department, referred to in this Article
as |
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| 1 | | "designated program", unless: | 2 | | (1) the crime is a crime of violence; | 3 | | (2) the crime is a violation of Section 401(a), 401(b), | 4 | | 401(c) where the
person electing treatment has been | 5 | | previously convicted of a non-probationable
felony or the | 6 | | violation is non-probationable, 401(d) where the violation | 7 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the | 8 | | Illinois Controlled
Substances
Act, or Section 12-7.3 of | 9 | | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | 10 | | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis | 11 | | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | 12 | | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | 13 | | and Community Protection Act or is otherwise ineligible for | 14 | | probation under Section 70 of the Methamphetamine Control | 15 | | and Community Protection Act; | 16 | | (3) the person has a record of 2 or more convictions of | 17 | | a crime of
violence; | 18 | | (4) other criminal proceedings alleging commission of | 19 | | a felony are pending
against the person; | 20 | | (5) the person is on probation or parole and the | 21 | | appropriate parole or
probation authority does not consent | 22 | | to that election; | 23 | | (6) the person elected and was admitted to a designated | 24 | | program on 2 prior
occasions within any consecutive 2-year | 25 | | period; | 26 | | (7) the person has been convicted of residential |
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| 1 | | burglary and has a record
of one or more felony | 2 | | convictions; | 3 | | (8) the crime is a violation of Section 11-501 of the | 4 | | Illinois Vehicle
Code or a similar provision of a local | 5 | | ordinance; or | 6 | | (9) the crime is a reckless homicide or a reckless | 7 | | homicide of an unborn
child, as defined in Section 9-3 or | 8 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012, in
which the cause of death consists of the driving | 10 | | of a motor vehicle by a person
under the influence of | 11 | | alcohol or any other drug or drugs at the time of the
| 12 | | violation. | 13 | | Nothing in this Section shall preclude an individual who is | 14 | | charged with or convicted of a crime that is a violation of | 15 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | 16 | | Community Protection Act, and who is otherwise eligible to make | 17 | | the election provided for under this Section, from being | 18 | | eligible to make an election for treatment as a condition of | 19 | | probation as provided for under this Article. | 20 | | (Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; | 21 | | 99-78, eff. 7-20-15.)
| 22 | | (20 ILCS 301/40-10)
| 23 | | Sec. 40-10. Treatment as a condition of probation.
| 24 | | (a) If a court has reason to believe that an individual who | 25 | | is charged with
or convicted of a crime suffers from mental |
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| 1 | | illness, alcoholism , or other drug addiction and the
court | 2 | | finds that he is eligible to make the election provided for | 3 | | under Section
40-5, the court shall advise the individual that | 4 | | he or she
may be sentenced to probation and
shall be subject to | 5 | | terms and conditions of probation under
Section 5-6-3 of the | 6 | | Unified Code of Corrections
if he or she elects to submit to | 7 | | treatment and is accepted for
treatment by a designated | 8 | | program. The court shall further advise the
individual that:
| 9 | | (1) if he or she elects to submit to treatment and is | 10 | | accepted he or
she
shall be sentenced to probation and | 11 | | placed under the supervision of the designated program
for | 12 | | a period
not to exceed the maximum sentence that could be | 13 | | imposed for his conviction or
5 years, whichever is less.
| 14 | | (2) during probation he or she may be treated at the | 15 | | discretion of the
designated
program.
| 16 | | (3) if he or she adheres to the requirements of the | 17 | | designated program
and
fulfills the other conditions of | 18 | | probation ordered by the court, he or she
will be
| 19 | | discharged, but any failure to adhere to the requirements | 20 | | of the designated
program is a breach of probation.
| 21 | | The court may certify an individual for treatment while on
| 22 | | probation under the supervision of a designated program and | 23 | | probation
authorities regardless of the election of the | 24 | | individual.
| 25 | | (b) If the individual elects to undergo treatment or is | 26 | | certified for
treatment, the court shall order an examination |
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| 1 | | by a designated program to
determine whether he suffers from | 2 | | mental illness, alcoholism , or other drug addiction and is
| 3 | | likely to be rehabilitated through treatment. The designated | 4 | | program shall
report to the court the results of the | 5 | | examination and recommend whether the
individual should be | 6 | | placed for treatment. If the court, on the basis of the
report | 7 | | and other information, finds that such an individual suffers | 8 | | from
mental illness, alcoholism , or other drug addiction and is | 9 | | likely to be rehabilitated through
treatment, the individual | 10 | | shall be placed on probation and under the
supervision of a | 11 | | designated program for treatment and under the supervision of
| 12 | | the proper probation authorities for probation supervision | 13 | | unless, giving
consideration to the nature and circumstances of | 14 | | the offense and to the
history, character and condition of the | 15 | | individual, the court is of the opinion
that no significant | 16 | | relationship exists between the mental illness, addiction , or | 17 | | alcoholism of
the individual and the crime committed, or that | 18 | | his imprisonment or periodic
imprisonment is necessary for the | 19 | | protection of the public, and the court
specifies on the record | 20 | | the particular evidence, information or other reasons
that form | 21 | | the basis of such opinion. However, under no circumstances | 22 | | shall the
individual be placed under the supervision of a | 23 | | designated program for
treatment before the entry of a judgment | 24 | | of conviction.
| 25 | | (c) If the court, on the basis of the report or other | 26 | | information, finds
that the individual suffering from mental |
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| 1 | | illness, alcoholism , or other drug addiction is not
likely to | 2 | | be rehabilitated through treatment, or that his mental illness, | 3 | | addiction , or
alcoholism and the crime committed are not | 4 | | significantly related, or that his
imprisonment or periodic | 5 | | imprisonment is necessary for the protection of the
public, the | 6 | | court shall impose sentence as in other cases. The court may
| 7 | | require such progress reports on the individual from the | 8 | | probation officer and
designated program as the court finds | 9 | | necessary. No individual may be placed
under treatment | 10 | | supervision unless a designated program accepts him for
| 11 | | treatment.
| 12 | | (d) Failure of an individual placed on probation and under | 13 | | the supervision
of a designated program to observe the | 14 | | requirements set down by the designated
program shall be | 15 | | considered a probation violation. Such failure shall be
| 16 | | reported by the designated program to the probation officer in | 17 | | charge of the
individual and treated in accordance with | 18 | | probation regulations.
| 19 | | (e) Upon successful fulfillment of the terms and conditions | 20 | | of probation the
court shall discharge the person from | 21 | | probation. If the person has not
previously been convicted of | 22 | | any felony offense and has not previously been
granted a | 23 | | vacation of judgment under this Section, upon motion, the court | 24 | | shall
vacate the judgment of conviction and dismiss the | 25 | | criminal proceedings against
him unless, having considered the | 26 | | nature and circumstances of the offense and
the history, |
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| 1 | | character and condition of the individual, the court finds that
| 2 | | the motion should not be granted. Unless good cause is shown, | 3 | | such motion to
vacate must be filed at any time from the date | 4 | | of the entry of the judgment to a date that is not more than 60 | 5 | | days after the discharge of the probation.
| 6 | | (Source: P.A. 99-574, eff. 1-1-17 .)
| 7 | | (20 ILCS 301/40-15)
| 8 | | Sec. 40-15. Acceptance for treatment as a parole or | 9 | | aftercare release condition. Acceptance
for treatment for | 10 | | mental illness, drug addiction , or alcoholism under the | 11 | | supervision of a
designated program may be made a condition of | 12 | | parole or aftercare release, and failure to comply
with such | 13 | | treatment may be treated as a violation of parole or aftercare | 14 | | release. A designated
program shall establish the conditions | 15 | | under which a parolee or releasee is accepted
for treatment. No | 16 | | parolee or releasee may be placed under the supervision of a | 17 | | designated
program for treatment unless the designated program | 18 | | accepts him or her for treatment.
The designated program shall | 19 | | make periodic progress reports regarding each such
parolee or | 20 | | releasee to the appropriate parole authority and shall report | 21 | | failures to comply
with the prescribed treatment program.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14.)".
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