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SB3880 Enrolled LRB104 20620 KTG 34115 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Substance Use Disorder Act is amended by
5 changing the heading of Article 40 and Sections 40-5, 40-10,
6 and 40-15 and by adding Section 40-25 as follows:
7 (20 ILCS 301/Art. 40 heading)
8 ARTICLE 40. SUBSTANCE USE DISORDER SERVICES TREATMENT
9 FOR CRIMINAL JUSTICE CLIENTS
10 (Source: P.A. 100-759, eff. 1-1-19.)
11 (20 ILCS 301/40-5)
12 Sec. 40-5. Election of specialized case management
13 treatment.
14 (a) As used in this Article, "specialized case management"
15 means a coordinated approach to the delivery of substance use
16 disorder services that adheres to the standards and procedures
17 described in 77 Ill. Adm. Code 2060.530(d).
18 (b) An individual whose use of drugs or alcohol led to the
19 individual being with a substance use disorder who is charged
20 with, pleading guilty to, or being found guilty or convicted
21 of a crime or any other person charged with, pleading guilty
22 to, or being found guilty or convicted of a misdemeanor
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1 violation of the Use of Intoxicating Compounds Act and who has
2 not been previously convicted of a violation of that Act may
3 elect specialized case management services with treatment
4 under the supervision of a program holding a valid
5 intervention license for designated program services issued by
6 the Department, referred to in this Article as "designated
7 program", unless:
8 (1) the crime is a crime of violence;
9 (2) the crime is a violation of Section 401(a),
10 401(b), 401(c) where the person electing specialized case
11 management treatment has been previously convicted of a
12 non-probationable felony or the violation is
13 non-probationable, 401(d) where the violation is
14 non-probationable, 401.1, 402(a), 405 or 407 of the
15 Illinois Controlled Substances Act, or Section 12-7.3 of
16 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
17 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
18 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
19 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
20 and Community Protection Act or is otherwise ineligible
21 for probation under Section 70 of the Methamphetamine
22 Control and Community Protection Act;
23 (3) the person has a record of 2 or more convictions of
24 a crime of violence;
25 (4) other criminal proceedings alleging commission of
26 a felony are pending against the person;
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1 (5) the person is on probation or parole and the
2 appropriate parole or probation authority does not consent
3 to that election;
4 (6) the person elected and was admitted to a
5 designated program on 2 prior occasions within any
6 consecutive 2-year period;
7 (7) the person has been convicted of residential
8 burglary and has a record of one or more felony
9 convictions;
10 (8) the crime is a violation of Section 11-501 of the
11 Illinois Vehicle Code or a similar provision of a local
12 ordinance; or
13 (9) the crime is a reckless homicide or a reckless
14 homicide of an unborn child, as defined in Section 9-3 or
15 9-3.2 of the Criminal Code of 1961 or the Criminal Code of
16 2012, in which the cause of death consists of the driving
17 of a motor vehicle by a person under the influence of
18 alcohol or any other drug or drugs at the time of the
19 violation.
20 (c) Nothing in this Section shall preclude an individual
21 who is charged with or convicted of a crime that is a violation
22 of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control
23 and Community Protection Act, and who is otherwise eligible to
24 make the election provided for under this Section, from being
25 eligible to make an election for specialized case management
26 treatment as a condition of probation as provided for under
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1 this Article.
2 (d) Nothing in this Section shall preclude any individual
3 whose use of drugs or alcohol led to the individual being
4 charged with or convicted of a crime from receiving
5 specialized case management services with a designated program
6 if such services are ordered by the court.
7 (Source: P.A. 99-78, eff. 7-20-15; 100-759, eff. 1-1-19.)
8 (20 ILCS 301/40-10)
9 Sec. 40-10. Specialized case management Treatment as a
10 condition of probation.
11 (a) If a court has reason to believe that an individual who
12 is charged with or convicted of a crime suffers from a
13 substance use disorder and the court finds that he or she is
14 eligible to make the election provided for under Section 40-5,
15 the court shall advise the individual that he or she may be
16 sentenced to probation and shall be subject to terms and
17 conditions of probation under Section 5-6-3 of the Unified
18 Code of Corrections if he or she elects to participate in
19 specialized case management treatment and is accepted for
20 services by a designated program. The court shall further
21 advise the individual that:
22 (1) If he or she elects to participate in specialized
23 case management treatment and is accepted he or she shall
24 be sentenced to probation and placed into specialized case
25 management services with under the supervision of the
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1 designated program for a period not to exceed the maximum
2 sentence that could be imposed for his or her conviction
3 or 5 years, whichever is less.
4 (2) During probation he or she may be provided with
5 services treated at the discretion of the designated
6 program.
7 (3) If he or she adheres to the requirements of the
8 designated program and fulfills the other conditions of
9 probation ordered by the court, he or she will be
10 discharged, but any failure to adhere to the requirements
11 of the designated program is a breach of probation.
12 The court may require an individual to obtain treatment
13 while on probation under the supervision of a designated
14 program and probation authorities regardless of the election
15 of the individual if the assessment, as specified in
16 subsection (b), indicates that such treatment is medically
17 necessary.
18 (b) If the individual elects to undergo treatment or
19 before the individual is required to obtain treatment, the
20 court shall order an assessment by a designated program to
21 determine whether he or she suffers from a substance use
22 disorder and is likely to be rehabilitated through treatment.
23 The designated program shall report to the court the results
24 of the assessment and, if treatment is determined medically
25 necessary, indicate the diagnosis and the recommended initial
26 level of care. If the court, on the basis of the report and
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1 other information, finds that such an individual suffers from
2 a substance use disorder and is likely to be rehabilitated
3 through treatment, the individual shall be placed on probation
4 and into specialized case management services with and under
5 the supervision of a designated program for treatment and
6 under the supervision of the proper probation authorities for
7 probation supervision unless, giving consideration to the
8 nature and circumstances of the offense and to the history,
9 character, and condition of the individual, the court is of
10 the opinion that no significant relationship exists between
11 the substance use disorder of the individual and the crime
12 committed, or that his or her imprisonment or periodic
13 imprisonment is necessary for the protection of the public,
14 and the court specifies on the record the particular evidence,
15 information, or other reasons that form the basis of such
16 opinion. However, under no circumstances shall the individual
17 be placed under the supervision of a designated program for
18 treatment before the entry of a judgment of conviction.
19 (c) If the court, on the basis of the report or other
20 information, finds that the individual suffering from a
21 substance use disorder is not likely to be rehabilitated
22 through treatment, or that his or her substance use disorder
23 and the crime committed are not significantly related, or that
24 his or her imprisonment or periodic imprisonment is necessary
25 for the protection of the public, the court shall impose
26 sentence as in other cases. The court may require such
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1 progress reports on the individual from the probation officer
2 and designated program as the court finds necessary.
3 Specialized case Case management services, as defined in this
4 Act and as further described by rule, shall also be delivered
5 by the designated program. No individual may be placed into
6 specialized case management services under treatment
7 supervision unless a designated program accepts him or her for
8 treatment.
9 (d) (Blank). Failure of an individual placed on probation
10 and under the supervision of a designated program to observe
11 the requirements set down by the designated program shall be
12 considered a probation violation. Such failure shall be
13 reported by the designated program to the probation officer in
14 charge of the individual and treated in accordance with
15 probation regulations.
16 (e) (Blank). Upon successful fulfillment of the terms and
17 conditions of probation the court shall discharge the person
18 from probation. If the person has not previously been
19 convicted of any felony offense and has not previously been
20 granted a vacation of judgment under this Section, upon
21 motion, the court shall vacate the judgment of conviction and
22 dismiss the criminal proceedings against him or her unless,
23 having considered the nature and circumstances of the offense
24 and the history, character and condition of the individual,
25 the court finds that the motion should not be granted. Unless
26 good cause is shown, such motion to vacate must be filed at any
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1 time from the date of the entry of the judgment to a date that
2 is not more than 60 days after the discharge of the probation.
3 (f) The court, with the consent of the defendant, may,
4 without entering a judgment, sentence the defendant to
5 probation under this Section. A sentence under this Section
6 shall not be considered a conviction under Illinois law unless
7 and until judgment is entered under paragraph (2) of this
8 subsection (f).
9 (1) When a defendant is placed on probation, the court
10 shall enter an order specifying a period of probation and
11 shall defer further proceedings in the case until the
12 conclusion of the period or until the filing of a petition
13 alleging violation of a term or condition of probation.
14 (2) Upon violation of a term or condition of
15 probation, the court may enter a judgment on its original
16 finding of guilt and proceed as otherwise provided by law.
17 (3) Upon fulfillment of the terms and conditions of
18 probation, the court shall discharge the person and
19 dismiss the proceedings against the person.
20 (4) A disposition of probation is considered to be a
21 conviction for the purposes of imposing the conditions of
22 probation and for appeal; however, a sentence under this
23 Section is not a conviction for purposes of the Unified
24 Code of Corrections or for purposes of disqualifications
25 or disabilities imposed by law upon conviction of a crime
26 unless and until judgment is entered.
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1 (Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)
2 (20 ILCS 301/40-15)
3 Sec. 40-15. Specialized case management Acceptance for
4 treatment as a parole or release condition. Specialized case
5 management services by Acceptance for treatment for a
6 substance use disorder under the supervision of a designated
7 program may be made a condition of parole or release, and
8 failure to comply with such services may be treated as a
9 violation of parole or release. A designated program shall
10 establish the eligibility criteria conditions under which a
11 parolee or releasee is accepted for services. No parolee or
12 releasee may be placed into specialized case management
13 services with under the supervision of a designated program
14 for treatment unless the designated program accepts him or her
15 for services treatment. The designated program shall make
16 periodic progress reports regarding each such parolee or
17 releasee to the appropriate parole authority and shall report
18 failures to comply with the requirements of the designated
19 prescribed treatment program.
20 (Source: P.A. 100-759, eff. 1-1-19.)
21 (20 ILCS 301/40-25 new)
22 Sec. 40-25. Specialized case management as a condition of
23 pretrial release. Specialized case management services by a
24 designated program may be made a condition of pretrial
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1 release, and failure to comply with such services may be
2 treated as a violation of a condition of pretrial release. A
3 designated program shall establish the eligibility criteria
4 under which a defendant is accepted for services. No
5 individual may be placed into specialized case management
6 services with a designated program for treatment unless the
7 designated program accepts him or her for services. The
8 designated program shall make periodic progress reports
9 regarding each such defendant to the appropriate pretrial
10 services agency or Office of Statewide Pretrial Services and
11 shall report failures to comply with the requirements of the
12 designated program.Every fact on this page links to its source, starting with the official bill record.