Full Text of SB0592 100th General Assembly
SB0592sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/6/2017
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| 1 | | AMENDMENT TO SENATE BILL 592
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 592 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-3.5 and by adding Section 5-6-3.4-5 as | 6 | | follows: | 7 | | (730 ILCS 5/5-6-3.4-5 new) | 8 | | Sec. 5-6-3.4-5. Unlawful Possession of Firearms Diversion | 9 | | Program. | 10 | | (a) If a court (i) has reason to believe that a person who | 11 | | is charged with or convicted of a violation of Section 24-1 or | 12 | | 24-1.6 of the Criminal Code of 2012 involving the unlawful | 13 | | possession of a firearm, where the violation does not involve | 14 | | the commission of a crime of violence as defined in Section 2 | 15 | | of the Crime Victims Compensation Act, suffers from | 16 | | Post-Traumatic Stress Disorder (PTSD) or trauma that led to the |
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| 1 | | firearm possession violation, and (ii) finds that he or she is | 2 | | eligible for treatment under this Section, then the court shall | 3 | | advise the person that he or she may be sentenced to probation | 4 | | and shall be subject to terms and conditions of probation under | 5 | | Section 5-6-3 of this Code if he or she elects to submit to | 6 | | treatment and is accepted for treatment by an Unlawful | 7 | | Possession of Firearms Diversion Program qualified by the | 8 | | Department of Human Services. The court shall further advise | 9 | | the person that: | 10 | | (1) if he or she elects to submit to treatment and is
| 11 | | accepted, he or she shall be sentenced to probation and | 12 | | placed under the supervision of the qualified program for a | 13 | | period not to exceed the maximum sentence that could be | 14 | | imposed for his or her conviction or 5 years, whichever is | 15 | | less; | 16 | | (2) during probation he or she may be treated at the
| 17 | | discretion of the program; and | 18 | | (3) if he or she adheres to the requirements of the
| 19 | | program and fulfills the other conditions of probation | 20 | | ordered by the court, he or she will be discharged, but any | 21 | | failure to adhere to the requirements of the program is a | 22 | | breach of probation.
The court may certify a person for | 23 | | treatment while on probation under the supervision of a | 24 | | qualified program and probation authorities regardless of | 25 | | the election of the person. | 26 | | (b) If the person elects to undergo treatment or is |
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| 1 | | certified for treatment, the court shall order an examination | 2 | | by a qualified program to determine whether he or she suffers | 3 | | from Post-Traumatic Stress Disorder (PTSD) or trauma that led | 4 | | to the firearm possession violation and is likely to be | 5 | | rehabilitated through treatment. The program shall report to | 6 | | the court the results of the examination and recommend whether | 7 | | the person should be placed for treatment. If the court, on the | 8 | | basis of the report and other information, finds that the | 9 | | person suffers from Post-Traumatic Stress Disorder (PTSD) or | 10 | | trauma that led to the firearm possession violation and is | 11 | | likely to be rehabilitated through treatment, the person shall | 12 | | be placed on probation and under the supervision of the program | 13 | | approved for treatment and under the supervision of the proper | 14 | | probation authorities for probation supervision unless, giving | 15 | | consideration to the nature and circumstances of the offense | 16 | | and to the history, character, and condition of the person, the | 17 | | court is of the opinion that no significant relationship exists | 18 | | between the Post-Traumatic Stress Disorder (PTSD) or trauma of | 19 | | the person and the crime committed, or that his or her | 20 | | imprisonment or periodic imprisonment is necessary for the | 21 | | protection of the public, and the court specifies on the record | 22 | | the particular evidence, information or other reasons that form | 23 | | the basis of that opinion. However, under no circumstances | 24 | | shall the person be placed under the supervision of a qualified | 25 | | program before the entry of a judgment of conviction. | 26 | | (c) If the court, on the basis of the report or other |
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| 1 | | information, finds that the person suffering from | 2 | | Post-Traumatic Stress Disorder (PTSD) or trauma is not likely | 3 | | to be rehabilitated through treatment, or that his or her | 4 | | Post-Traumatic Stress Disorder (PTSD) or trauma and the crime | 5 | | committed are not significantly related, or that his or her | 6 | | imprisonment or periodic imprisonment is necessary for the | 7 | | protection of the public, the court shall impose sentence as in | 8 | | other cases. The court may require progress reports on the | 9 | | person from the probation officer and program as the court | 10 | | finds necessary. No person may be placed under treatment | 11 | | supervision unless a qualified program accepts the person for | 12 | | treatment. | 13 | | (d) Failure of a person placed on probation and under the | 14 | | supervision of a qualified program to observe the requirements | 15 | | set down by the program shall be considered a probation | 16 | | violation. The failure shall be reported by the program to the | 17 | | probation officer in charge of the person and treated in | 18 | | accordance with 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 or her unless, having | 26 | | considered the nature and circumstances of the offense and the |
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| 1 | | history, character, and condition of the person, the court | 2 | | finds that the motion should not be granted. Unless good cause | 3 | | is shown, the motion to vacate must be filed at any time from | 4 | | the date of the entry of the judgment to a date that is not more | 5 | | than 60 days after the discharge of the probation. | 6 | | (730 ILCS 5/5-6-3.5) | 7 | | Sec. 5-6-3.5. Appropriations to the Department of Human | 8 | | Services for services under the Offender Initiative Program , | 9 | | and Second Chance Probation , and the Unlawful Possession of | 10 | | Firearms Diversion Program. . | 11 | | (a) As used in this Section, "qualified program" means a | 12 | | program licensed, certified, or otherwise overseen by the | 13 | | Department of Human Services under the rules adopted by the | 14 | | Department. | 15 | | (b) Subject to appropriation, the Department of Human | 16 | | Services shall, in collaboration with the appropriate State | 17 | | agency, contract with counties and qualified programs to | 18 | | reimburse the counties and qualified programs for the | 19 | | following: | 20 | | (1) Services relating to defendants eligible for and | 21 | | participating in an Offender Initiative Program, subject | 22 | | to Section 5-6-3.3 of this Code, including: | 23 | | (A) psychiatric treatment or treatment or | 24 | | rehabilitation approved by the Department of Human | 25 | | Services as provided for in subsection (d) of Section |
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| 1 | | 5-6-3.3 of this Code; and | 2 | | (B) educational courses designed to prepare the | 3 | | defendant for obtaining a high school diploma or to | 4 | | work toward passing the high school equivalency test or | 5 | | to work toward completing a vocational training | 6 | | program as provided for in subsection (c) of Section | 7 | | 5-6-3.3 of this Code. | 8 | | (2) Services relating to defendants eligible for and | 9 | | participating in Second Chance Probation, subject to | 10 | | Section 5-6-3.4 of this Code, including: | 11 | | (A) psychiatric treatment or treatment or | 12 | | rehabilitation approved by the Department of Human | 13 | | Services as provided for in subsection (d) of Section | 14 | | 5-6-3.4 of this Code; and | 15 | | (B) educational courses designed to prepare the | 16 | | defendant for obtaining a high school diploma or to | 17 | | work toward passing the high school equivalency test or | 18 | | to work toward completing a vocational training | 19 | | program as provided in subsection (c) of Section | 20 | | 5-6-3.4 of this Code. | 21 | | (3) Services relating to defendants eligible for and | 22 | | participating in the Unlawful Possession of Firearms | 23 | | Diversion Program, subject to Section 5-6-3.4-5 of this | 24 | | Code, including psychiatric treatment or treatment or | 25 | | rehabilitation approved by the Department of Human | 26 | | Services as provided for in subsection (b) of Section |
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| 1 | | 5-6-3.4-5 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 | | (Source: P.A. 98-1124, eff. 8-26-14.)".
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