Public Act 097-0889
SB3423 EnrolledLRB097 17881 KTG 63103 b

    AN ACT concerning drugs.
    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
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as follows:
    (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
    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
        (7) the person has been convicted of residential
    burglary and has a record of one or more felony
        (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
    homicide of an unborn child, as defined in Section 9-3 or
    9-3.2 of the Criminal Code of 1961, in which the cause of
    death consists of the driving of a motor vehicle by a
    person under the influence of alcohol or any other drug or
    drugs at the time of the violation.
(Source: P.A. 96-1440, eff. 1-1-11.)

Effective Date: 1/1/2013