[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1323
20 ILCS 301/40-5
Amends the Alcoholism and Other Drug Abuse and Dependency
Act. Provides that an addict or alcoholic who is charged
with or convicted of a crime may elect treatment under the
supervision of a licensed program unless the person is on
probation or parole when the offense is committed (now unless
the person is on probation or parole and the appropriate
parole or probation authority does not consent to that
election).
LRB9008465MWpc
LRB9008465MWpc
1 AN ACT to amend the Alcoholism and Other Drug Abuse and
2 Dependency Act by changing Section 40-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 40-5 as
7 follows:
8 (20 ILCS 301/40-5)
9 Sec. 40-5. Election of treatment. An addict or
10 alcoholic who is charged with or convicted of a crime may
11 elect treatment under the supervision of a licensed program
12 designated by the Department, referred to in this Article as
13 "designated program", unless:
14 (1) the crime is a crime of violence;
15 (2) the crime is a violation of Section 401(a),
16 401(b), 401(c) where the person electing treatment has
17 been previously convicted of a non-probationable felony
18 or the violation is non-probationable, 401(d) where the
19 violation is non-probationable, 401.1, 402(a), 405 or 407
20 of the Illinois Controlled Substances Act, or Section
21 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or
22 9 of the Cannabis Control Act;
23 (3) the person has a record of 2 or more
24 convictions of a crime of violence;
25 (4) other criminal proceedings alleging commission
26 of a felony are pending against the person;
27 (5) the person is on probation or parole when the
28 offense is committed and the appropriate parole or
29 probation authority does not consent to that election;
30 (6) the person elected and was admitted to a
31 designated program on 2 prior occasions within any
-2- LRB9008465MWpc
1 consecutive 2-year period;
2 (7) the person has been convicted of residential
3 burglary and has a record of one or more felony
4 convictions;
5 (8) the crime is a violation of Section 11-501 of
6 the Illinois Vehicle Code or a similar provision of a
7 local ordinance; or
8 (9) the crime is a reckless homicide or a reckless
9 homicide of an unborn child, as defined in Section 9-3 or
10 9-3.2 of the Criminal Code of 1961, in which the cause of
11 death consists of the driving of a motor vehicle by a
12 person under the influence of alcohol or any other drug
13 or drugs at the time of the violation.
14 (Source: P.A. 90-397, eff. 8-15-97.)