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| Public Act 099-0574 | ||||
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AN ACT concerning State government.
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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 40-10 as follows:
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(20 ILCS 301/40-10)
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Sec. 40-10. Treatment as a condition of probation.
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(a) If a court has reason to believe that an individual who | ||||
is charged with
or convicted of a crime suffers from alcoholism | ||||
or other drug addiction and the
court finds that he is eligible | ||||
to make the election provided for under Section
40-5, the court | ||||
shall advise the individual that he or she
may be sentenced to | ||||
probation and
shall be subject to terms and conditions of | ||||
probation under
Section 5-6-3 of the Unified Code of | ||||
Corrections
if he or she elects to submit to treatment and is | ||||
accepted for
treatment by a designated program. The court shall | ||||
further advise the
individual that:
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(1) if he or she elects to submit to treatment and is | ||||
accepted he or
she
shall be sentenced to probation and | ||||
placed under the supervision of the designated program
for | ||||
a period
not to exceed the maximum sentence that could be | ||||
imposed for his conviction or
5 years, whichever is less.
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(2) during probation he or she may be treated at the | ||||
discretion of the
designated
program.
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(3) if he or she adheres to the requirements of the | ||
designated program
and
fulfills the other conditions of | ||
probation ordered by the court, he or she
will be
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discharged, but any failure to adhere to the requirements | ||
of the designated
program is a breach of probation.
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The court may certify an individual for treatment while on
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probation under the supervision of a designated program and | ||
probation
authorities regardless of the election of the | ||
individual.
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(b) If the individual elects to undergo treatment or is | ||
certified for
treatment, the court shall order an examination | ||
by a designated program to
determine whether he suffers from | ||
alcoholism or other drug addiction and is
likely to be | ||
rehabilitated through treatment. The designated program shall
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report to the court the results of the examination and | ||
recommend whether the
individual should be placed for | ||
treatment. If the court, on the basis of the
report and other | ||
information, finds that such an individual suffers from
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alcoholism or other drug addiction and is likely to be | ||
rehabilitated through
treatment, the individual shall be | ||
placed on probation and under the
supervision of a designated | ||
program for treatment and under the supervision of
the proper | ||
probation authorities for probation supervision unless, giving
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consideration to the nature and circumstances of the offense | ||
and to the
history, character and condition of the individual, | ||
the court is of the opinion
that no significant relationship | ||
exists between the addiction or alcoholism of
the individual | ||
and the crime committed, or that his imprisonment or periodic
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imprisonment is necessary for the protection of the public, and | ||
the court
specifies on the record the particular evidence, | ||
information or other reasons
that form the basis of such | ||
opinion. However, under no circumstances shall the
individual | ||
be placed under the supervision of a designated program for
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treatment before the entry of a judgment of conviction.
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(c) If the court, on the basis of the report or other | ||
information, finds
that the individual suffering from | ||
alcoholism or other drug addiction is not
likely to be | ||
rehabilitated through treatment, or that his addiction or
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alcoholism and the crime committed are not significantly | ||
related, or that his
imprisonment or periodic imprisonment is | ||
necessary for the protection of the
public, the court shall | ||
impose sentence as in other cases. The court may
require such | ||
progress reports on the individual from the probation officer | ||
and
designated program as the court finds necessary. No | ||
individual may be placed
under treatment supervision unless a | ||
designated program accepts him for
treatment.
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(d) Failure of an individual placed on probation and under | ||
the supervision
of a designated program to observe the | ||
requirements set down by the designated
program shall be | ||
considered a probation violation. Such failure shall be
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reported by the designated program to the probation officer in | ||
charge of the
individual and treated in accordance with | ||
probation regulations.
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(e) Upon successful fulfillment of the terms and conditions | ||
of probation the
court shall discharge the person from | ||
probation. If the person has not
previously been convicted of | ||
any felony offense and has not previously been
granted a | ||
vacation of judgment under this Section, upon motion, the court | ||
shall
vacate the judgment of conviction and dismiss the | ||
criminal proceedings against
him unless, having considered the | ||
nature and circumstances of the offense and
the history, | ||
character and condition of the individual, the court finds that
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the motion should not be granted. Unless good cause is shown, | ||
such motion to
vacate must be filed at any time from the date | ||
of within 30 days of the entry of the judgment to a date that is | ||
not more than 60 days after the discharge of the probation.
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(Source: P.A. 91-663, eff. 12-22-99.)
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