Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 301/40-10

(20 ILCS 301/40-10)

Sec. 40-10. Treatment as a condition of probation.

(a) If a court has reason to believe that an individual who is charged with
or convicted of a crime suffers from a substance use disorder and the
court finds that he or she is eligible to make the election provided for under Section
40-5, the court shall advise the individual that he or she
may be sentenced to probation and
shall be subject to terms and conditions of probation under
Section 5-6-3 of the Unified Code of Corrections
if he or she elects to participate in treatment and is accepted for
services by a designated program.  The court shall further advise the
individual that:

(1) If he or she elects to participate in treatment

and is accepted he or she shall be sentenced to probation and placed under the supervision of the designated program for a period not to exceed the maximum sentence that could be imposed for his or her conviction or 5 years, whichever is less.

(2) During probation he or she may be treated at the

discretion of the designated program.

(3) If he or she adheres to the requirements of the

designated program and fulfills the other conditions of probation ordered by the court, he or she will be discharged, but any failure to adhere to the requirements of the designated program is a breach of probation.

The court may require an individual to obtain treatment while on
probation under the supervision of a designated program and probation
authorities regardless of the election of the individual if the assessment, as specified in subsection (b), indicates that such treatment is medically necessary.

(b) If the individual elects to undergo treatment or is required to obtain 
treatment, the court shall order an assessment by a designated program to
determine whether he or she suffers from a substance use disorder and is
likely to be rehabilitated through treatment.  The designated program shall
report to the court the results of the assessment and, if treatment is determined medically necessary, indicate the diagnosis and the recommended initial level of care.  If the court, on the basis of the
report and other information, finds that such an individual suffers from
a substance use disorder and is likely to be rehabilitated through
treatment, the individual shall be placed on probation and under the
supervision of a designated program for treatment and under the supervision of
the proper probation authorities for probation supervision unless, giving
consideration to the nature and circumstances of the offense and to the
history, character, and condition of the individual, the court is of the opinion
that no significant relationship exists between the substance use disorder of
the individual and the crime committed, or that his or her imprisonment or periodic
imprisonment is necessary for the protection of the public, and the court
specifies on the record the particular evidence, information, or other reasons
that form the basis of such opinion.  However, under no circumstances shall the
individual be placed under the supervision of a designated program for
treatment before the entry of a judgment of conviction.

(c) If the court, on the basis of the report or other information, finds
that the individual suffering from a substance use disorder is not
likely to be rehabilitated through treatment, or that his or her substance use disorder and the crime committed are not significantly related, or that his
or her imprisonment or periodic imprisonment is necessary for the protection of the
public, the court shall impose sentence as in other cases. The court may
require such progress reports on the individual from the probation officer and
 designated program as the court finds necessary.  Case management services, as defined in this Act and as further described by rule, shall also be delivered by the designated program. No individual may be placed
under treatment supervision unless a designated program accepts him or her for
treatment.

(d) Failure of an individual placed on probation and under the supervision
of a designated program to observe the requirements set down by the designated
program shall be considered a probation violation.   Such failure shall be
reported by the designated program to the probation officer in charge of the
individual and treated in accordance with probation regulations.

(e) Upon successful fulfillment of the terms and conditions of probation the
court shall discharge the person from probation.  If the person has not
previously been convicted of any felony offense and has not previously been
granted a vacation of judgment under this Section, upon motion, the court shall
vacate the judgment of conviction and dismiss the criminal proceedings against
him or her unless, having considered the nature and circumstances of the offense and
the history, character and condition of the individual, the court finds that
the motion should not be granted.  Unless good cause is shown, such motion to
vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than  60 days after the discharge of the probation.

(Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)