Illinois Compiled Statutes
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730 ILCS 5/5-6-3.3
(730 ILCS 5/5-6-3.3)
Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive practices, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, obstructing justice, or an offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
(a-2) Exemptions. A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court
shall enter an order specifying that
the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
(1) not violate any criminal statute of this State or
(2) refrain from possessing a firearm or other
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30
hours of community service, provided community service is available in the county and is funded and approved by the county board; and
(5) attend educational courses designed to prepare
the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program.
(c-1) The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois Department of Human Services;
(2) refrain from having in his or her body the
presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(3) submit to periodic drug testing at a time,
manner, and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the
proceedings against the person.
(g) A person may only have one discharge and dismissal under
this Section within a 4-year period.
(h) Notwithstanding subsection (a-1), if the court finds that the defendant suffers from a substance abuse problem, then before the person participates in the Program under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of the Program under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of the Program, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to participate in the Program under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)