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

SB2373sam001 102ND GENERAL ASSEMBLY

Sen. John Connor

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2373

2    AMENDMENT NO. ______. Amend Senate Bill 2373 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Court Treatment Act is amended by
5changing Sections 10, 20 and 35 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 promulgated by the Illinois Supreme
15Court. "Drug court" also means any court that primarily
16accepts defendants charged with driving while impaired with

 

 

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1either alcohol or drugs.
2    "Drug court professional" means a member of the drug court
3team, including but not limited to a judge, prosecutor,
4defense attorney, probation officer, coordinator, treatment
5provider, or peer recovery coach.
6    "Pre-adjudicatory drug court program" means a program that
7allows the defendant, with the consent of the prosecution, to
8expedite the defendant's criminal case before conviction or
9before filing of a criminal case and requires successful
10completion of the drug court program as part of the agreement.
11    "Post-adjudicatory drug court program" means a program in
12which the defendant has admitted guilt or has been found
13guilty and agrees, along with the prosecution, to enter a drug
14court program as part of the defendant's sentence.
15    "Combination drug court program" means a drug court
16program that includes a pre-adjudicatory drug court program
17and a post-adjudicatory drug court program.
18(Source: P.A. 97-946, eff. 8-13-12.)
 
19    (730 ILCS 166/20)
20    Sec. 20. Eligibility.
21    (a) A defendant may be admitted into a drug court program
22only upon the agreement of the defendant and with the approval
23of the court.
24    (b) A defendant shall be excluded from a drug court
25program if any of one of the following apply:

 

 

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1        (1) The crime is a crime of violence as set forth in
2    clause (4) of this subsection (b).
3        (2) The defendant denies his or her use of or
4    addiction to drugs.
5        (3) The defendant does not demonstrate a willingness
6    to participate in a treatment program.
7        (4) The defendant has been convicted of a crime of
8    violence within the past 10 years excluding incarceration
9    time. As used in this Section, "crime of violence" means:
10    first degree murder, second degree murder, predatory
11    criminal sexual assault of a child, aggravated criminal
12    sexual assault, criminal sexual assault, armed robbery,
13    aggravated arson, arson, aggravated kidnaping, kidnaping,
14    aggravated battery resulting in great bodily harm or
15    permanent disability, stalking, aggravated stalking, or
16    any offense involving the discharge of a firearm.
17    (b-5) A defendant shall be excluded from a
18pre-adjudicatory drug court program if the defendant held a
19commercial driver's license, commercial learner's permit or
20was operating a commercial motor vehicle at the time of the
21arrest for a violation of Section 11-501 of the Illinois
22Vehicle Code or a similar provision of a local ordinance, but
23may participate in a post-adjudicatory drug court program.
24    (c) (Blank). Notwithstanding subsection (a), the defendant
25may be admitted into a drug court program only upon the
26agreement of the prosecutor if:

 

 

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1        (1) the defendant is charged with a Class 2 or greater
2    felony violation of:
3            (A) Section 401, 401.1, 405, or 405.2 of the
4        Illinois Controlled Substances Act;
5            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
6        Act;
7            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
8        or 65 of the Methamphetamine Control and Community
9        Protection Act; or
10        (2) the defendant has previously, on 3 or more
11    occasions, either completed a drug court program, been
12    discharged from a drug court program, or been terminated
13    from a drug court program.
14(Source: P.A. 99-480, eff. 9-9-15.)
 
15    (730 ILCS 166/35)
16    Sec. 35. Violation; termination; discharge.
17    (a) If the court finds from the evidence presented
18including but not limited to the reports or proffers of proof
19from the drug court professionals that:
20        (1) the defendant is not performing satisfactorily in
21    the assigned program;
22        (2) the defendant is not benefitting from education,
23    treatment, or rehabilitation;
24        (3) the defendant has engaged in criminal conduct
25    rendering him or her unsuitable for the program; or

 

 

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1        (4) the defendant has otherwise violated the terms and
2    conditions of the program or his or her sentence or is for
3    any reason unable to participate;
4the court may impose reasonable sanctions under prior written
5agreement of the defendant, including but not limited to
6imprisonment or dismissal of the defendant from the program
7and the court may reinstate criminal proceedings against him
8or her or proceed under Section 5-6-4 of the Unified Code of
9Corrections for a violation of probation, conditional
10discharge, or supervision hearing.
11    (a-5) A defendant who is assigned to a substance abuse
12treatment program under this Act for opioid abuse or
13dependence is not in violation of the terms or conditions of
14the program on the basis of his or her participation in
15medication assisted treatment under the care of a physician
16licensed in this State to practice medicine in all of its
17branches.
18    (b) Upon successful completion of the terms and conditions
19of the program, the court may dismiss the original charges
20against the defendant or successfully terminate the
21defendant's sentence or otherwise discharge him or her from
22any further proceedings against him or her in the original
23prosecution.
24    (c) Notwithstanding any other provision of this Act to the
25contrary, the Secretary of State shall maintain, on the
26defendant's driving abstract, any conviction for a violation

 

 

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1of Section 11-501 of the Illinois Vehicle Code or a similar
2provision of a local ordinance that was dismissed as the
3result of successful completion of the terms and conditions of
4the program.
5(Source: P.A. 99-554, eff. 1-1-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".