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Public Act 097-0889
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| SB3423 Enrolled | LRB097 17881 KTG 63103 b |
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AN ACT concerning drugs.
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WHEREAS, Treatment Alternatives for Safe Communities |
(TASC) is a more rigorous sentencing option employed by |
Illinois courts to ensure that offenders rehabilitate and prove |
to the Court that they remain drug free; therefore
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Alcoholism and Other Drug Abuse and |
Dependency Act is amended by changing Section 40-5 as follows:
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(20 ILCS 301/40-5) |
Sec. 40-5. Election of treatment. An addict or alcoholic |
who is charged
with or convicted of a crime or any other person |
charged with or convicted of a misdemeanor violation of the Use |
of Intoxicating Compounds Act and who has not been previously |
convicted of a violation of that Act may elect treatment under |
the supervision of a
licensed program designated by the |
Department, referred to in this Article
as "designated |
program", unless: |
(1) the crime is a crime of violence; |
(2) the crime is a violation of Section 401(a), 401(b), |
401(c) where the
person electing treatment has been |
previously convicted of a non-probationable
felony or the |
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violation is non-probationable, 401(d) where the violation |
is
non-probationable, 401.1, 402(a), 405 or 407 of the |
Illinois Controlled
Substances
Act, or Section 4(d), 4(e), |
4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the |
Cannabis Control Act or Section 15, 20, 55, 60(b)(3), |
60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the |
Methamphetamine Control and Community Protection Act or is |
otherwise ineligible for probation under Section 70 of the |
Methamphetamine Control and Community Protection Act; |
(3) the person has a record of 2 or more convictions of |
a crime of
violence; |
(4) other criminal proceedings alleging commission of |
a felony are pending
against the person; |
(5) the person is on probation or parole and the |
appropriate parole or
probation authority does not consent |
to that election; |
(6) the person elected and was admitted to a designated |
program on 2 prior
occasions within any consecutive 2-year |
period; |
(7) the person has been convicted of residential |
burglary and has a record
of one or more felony |
convictions; |
(8) the crime is a violation of Section 11-501 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or |
(9) the crime is a reckless homicide or a reckless |