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90_HB0624
New Act
730 ILCS 110/15.5 new
Creates the Compulsive Gambling Intervention Act.
Establishes a pilot program in DuPage, Peoria County, East
St. Louis, and Cook County for certain offenders whose
compulsive gambling was a probable cause of the charged
offense for which the offender was convicted. Requires the
court to impose as a condition of probation for the
offenders, that they submit to compulsive gambling treatment.
Provides that the Division of Probation Services of the
Supreme Court shall administer the program. Requires the
Division to establish an educational program for probation
officers who will supervise offenders in the pilot program.
Amends the Probation and Probation Officers Act to require
the Division to administer the pilot program established
under the Compulsive Gambling Intervention Act. Effective
January 1, 1998.
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1 AN ACT in relation to compulsive gambling and to amend a
2 named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Compulsive Gambling Intervention Act.
7 Section 5. Purpose. The purpose and policy of this Act
8 is to create a compulsive gambling intervention program to be
9 demonstrated in 4 pilot sites throughout the State, DuPage
10 county, Peoria county, East St. Louis, and Cook county, for
11 the assessment of criminal defendants whom the court has
12 reason to believe suffer from a compulsive gambling disorder
13 and meet other requirements, and determines the compulsive
14 gambling disorder may have contributed to the commission of
15 the offense charged. This Act provides for mandated
16 treatment of these defendants if the assessor concludes that
17 compulsive gambling did contribute to the commission of the
18 offense, in order to decrease the subsequent criminal
19 behavior by these offenders that would be likely to occur
20 without the controlled intervention offered by the program.
21 Section 10. Definitions. In this Act, unless the
22 context requires otherwise, the following words and terms
23 have the following meanings:
24 "Act" means the Compulsive Gambling Intervention Act.
25 "Probation Division" means the Division of Probation
26 Services of the Supreme Court.
27 "Case management" means those services that will assist
28 individuals in gaining access to needed social, educational,
29 medical, financial management, compulsive gambling treatment
30 and other services.
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1 "Compulsive gambling" means a progressive disorder
2 characterized by continuous or periodic loss of control over
3 gambling, a preoccupation with gambling and with obtaining
4 money with which to gamble, a continuation of that behavior
5 despite adverse consequences, and irrational thinking.
6 "Compulsive gambling" also means pathological gambling as
7 described in the DSM IV.
8 "Designated program" means a program designated by the
9 Probation Division to provide services described in Sections
10 25 and 30 of this Act. A designated program's primary
11 function is assessing, referring to treatment, tracking, and
12 providing case management for clients identified by the
13 criminal justice system, and the designated program agrees to
14 apply statewide standards and uniform criteria and
15 procedures.
16 "DSM IV" means the Fourth Edition of the Diagnostic and
17 Statistical Manual of Mental Disorders.
18 "Intervention" means readily accessible activities which
19 assist individuals and their partners or family members with
20 the immediate problems of compulsive gambling, and in
21 reducing their participation in gambling-related activities.
22 Intervention includes facilitating emotional and social
23 stability and referring people for further treatment as
24 needed.
25 "Person" means any individual, firm, group, association,
26 partnership, corporation, trust, government or governmental
27 subdivision or agency.
28 Section 15. Establishment of a compulsive gambling
29 intervention demonstration program. The Probation Division
30 shall establish and operate a compulsive gambling
31 intervention demonstration in 4 pilot sites for eligible
32 offenders as provided in this Act. The pilot sites shall be
33 located in Dupage county, Peoria county, East St. Louis, and
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1 Cook county.
2 Section 20. Eligible offenders. In order to be eligible
3 to participate in a compulsive gambling intervention program
4 established under this Act, an offender must meet all of the
5 following requirements:
6 (A) The offender's compulsive gambling, as defined in
7 Section 10 of this Act, must be determined to have been a
8 probable cause of the charged offense.
9 (B) The offender is not less than 17 years old.
10 (C) The offender has never been convicted of a Class X
11 felony, first or second degree murder, armed violence,
12 aggravated kidnapping, criminal sexual assault, or a second
13 or subsequent conviction for criminal sexual abuse, forcible
14 detention, or arson.
15 (D) The offender is charged with one of the following
16 violations of the Criminal Code of 1961 with which compulsive
17 gambling disorders are frequently associated:
18 (1) Theft, under paragraphs (b)(1), (2), (4), (5),
19 (6) and (7) of Section 16-1, but excluding paragraphs
20 (a)(5) (theft of property in the custody of a law
21 enforcement officer) and (b)(3) of Section 16-1 (theft of
22 a firearm);
23 (2) Theft from a coin-operated machine under
24 Section 16-5;
25 (3) Retail theft under Section 16A-3;
26 (4) General deception under subsection (B) of
27 Section 17-1;
28 (5) Deception on a bank or other financial
29 institution under paragraph (C)(1) of Section 17-1;
30 (6) Possession of stolen or fraudulently obtained
31 checks under paragraph (C)(2) of Section 17-1;
32 (7) Possession of implements of check fraud under
33 paragraph (C)(3) of Section 17-1;
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1 (8) Possession of identification card under
2 paragraph (C)(4) of Section 17-1;
3 (9) Forgery under Section 17-3;
4 (10) Gambling under Section 28-1;
5 (E) The offender is charged with a violation of Section
6 17.01 of the Illinois Credit Card and Debit Card Act.
7 (F) The offender was recommended and approved for
8 placement in the compulsive gambling intervention program in
9 the court's sentencing order.
10 Section 25. Assessment for compulsive gambling. If a
11 person is charged with or convicted of a violation of any
12 offense enumerated in Section 20 of this Act and is eligible
13 for probation and the court has reason to believe that
14 compulsive gambling contributed to the commission of the
15 offense, the court shall order that person to undergo a
16 compulsive gambling assessment to be conducted by the
17 designated program in accordance with this Act.
18 (A) The assessment must be conducted by a designated
19 program assessor qualified to perform the assessments.
20 (B) The compulsive gambling assessment report to the
21 court must include a treatment plan that includes a
22 recommended level of care, a plan for repayment and
23 restitution, and a financial management plan for the
24 defendant, if the designated program assessor concludes that
25 the defendant is in need of compulsive gambling treatment.
26 Section 30. Treatment for compulsive gambling as a
27 condition of probation. If a court has reason to believe
28 that an individual who is charged with or convicted of any of
29 the offenses enumerated in Section 20 of this Act suffers
30 from a compulsive gambling disorder and the court finds that
31 person is eligible under Section 20 of this Act, the court
32 shall advise the individual that he or she will be placed on
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1 probation and required to submit to compulsive gambling
2 treatment if he or she is accepted for treatment by the
3 designated program. The court shall further advise the
4 individual that:
5 (A) If he or she is accepted by the designated program
6 he or she may be placed on probation and under the
7 supervision of the designated program for a period not to
8 exceed the maximum sentence that could be imposed for his or
9 her conviction or 5 years, whichever is less.
10 (B) During probation the individual may be treated at
11 the discretion of the designated program.
12 (C) If the individual is sentenced to probation and
13 treatment under this Act, it will not preclude the imposition
14 of additional requirements by the court such as the payment
15 of restitution and compliance with a restitution repayment
16 schedule set forth by his or her probation officer and the
17 designated program. Other conditions of probation that the
18 court may order shall include any condition of probation as
19 authorized by Section 5-6-3 of the Unified Code of
20 Corrections.
21 (D) If the individual adheres to the requirements of the
22 designated program and fulfills the other conditions of
23 probation ordered by the court, he or she will be discharged,
24 but any failure to adhere to the requirements of the
25 designated program is a breach of probation.
26 (E) Failure of an individual placed on probation and
27 under the supervision of the designated program to observe
28 the requirements established by the designated program shall
29 be considered a probation violation. The failure shall be
30 reported by the designated program to the probation officer
31 in charge of the individual and treated in accordance with
32 probation regulations.
33 (F) Upon successful fulfillment of the terms and
34 conditions of probation the court shall discharge the person
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1 from probation.
2 Section 35. Education programs for probation officers.
3 The Probation Division shall establish an educational program
4 to train probation officers in the supervision of compulsive
5 gamblers who are sentenced to the pilot program established
6 by this Act.
7 Section 105. The Probation and Probation Officers Act is
8 amended by adding Section 15.5 as follows:
9 (730 ILCS 110/15.5 new)
10 Sec. 15.5. Pilot program for compulsive gamblers. The
11 Division shall establish and administer the pilot program for
12 compulsive gamblers created by the Compulsive Gambling
13 Intervention Act.
14 Section 999. Effective date. This Act takes effect
15 January 1, 1998.