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Illinois General Assembly· SB 3880Governor Approved

SUBSTANCE USE DISORDER SERVICE, the official text

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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
    SB3880 Enrolled             -4-  LRB104 20620 KTG 34115 b

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
    SB3880 Enrolled  -5-            LRB104 20620 KTG 34115 b

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
    SB3880 Enrolled  -6-  LRB104 20620 KTG 34115 b

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.
    SB3880 Enrolled          -9-         LRB104 20620 KTG 34115 b

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
SB3880 Enrolled  - 10 - LRB104 20620 KTG 34115 b

 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.
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