96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6210


 
Introduced 2/11/2010, by Rep. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		





 


  



20 ILCS 301/40-5










     Amends the Alcoholism and Other Drug Abuse and Dependency Act.  Provides that treatment under the supervision of a
licensed program designated by the Department of Human Services  is not available to: a first-time offender charged or convicted of possession of 15 grams or more (rather than any amount) of methamphetamine; or a person who is otherwise ineligible for probation under specified provisions  of the Methamphetamine Control and Community Protection Act.
  















LRB096 16603 RLC 36651 b

















 


 


A BILL FOR









 




  






HB6210

LRB096 16603 RLC 36651 b





  
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    AN ACT concerning drugs.
  
 
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    WHEREAS, Treatment Alternatives for Safe Communities 
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(TASC) is a more rigorous sentencing option employed by 
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Illinois courts to ensure that offenders rehabilitate and prove 
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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 
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Dependency Act is amended  by changing Section 40-5 as follows:
 



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    (20 ILCS 301/40-5)


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    Sec. 40-5. Election of treatment. An addict or alcoholic 
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who is charged
with or convicted of a crime may elect treatment 
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under the supervision of a
licensed program designated by the 
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Department, referred to in this Article
as "designated 
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program", unless:


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        (1) the crime is a crime of violence;


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        (2) the crime is a violation of Section 401(a), 401(b), 
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    401(c) where the
person electing treatment has been 
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    previously convicted of a non-probationable
felony or the 
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    violation is non-probationable, 401(d) where the violation 
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    is
non-probationable, 401.1, 402(a), 405 or 407 of the 
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    Illinois Controlled
Substances
Act, or Section 4(d), 4(e), 
 


 






HB6210
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    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the 
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    Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 
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    60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the 
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    Methamphetamine Control and Community Protection Act or is 
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    otherwise ineligible for probation under Section 70 of the 
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    Methamphetamine Control and Community Protection Act;


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        (3) the person has a record of 2 or more convictions of 
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    a crime of
violence;


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        (4) other criminal proceedings alleging commission of 
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    a felony are pending
against the person;


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        (5) the person is on probation or parole and the 
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    appropriate parole or
probation authority does not consent 
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    to that election;


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        (6) the person elected and was admitted to a designated 
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    program on 2 prior
occasions within any consecutive 2-year 
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    period;


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        (7) the person has been convicted of residential 
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    burglary and has a record
of one or more felony 
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    convictions;


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        (8) the crime is a violation of Section 11-501 of the 
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    Illinois Vehicle
Code or a similar provision of a local 
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    ordinance; or


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        (9) the crime is a reckless homicide or a reckless 
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    homicide of an unborn
child, as defined in Section 9-3 or 
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    9-3.2 of the Criminal Code of 1961, in
which the cause of 
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    death consists of the driving of a motor vehicle by a 
 


 






HB6210
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    person
under the influence of alcohol or any other drug or 
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    drugs at the time of the
violation.

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(Source: P.A. 94-556, eff. 9-11-05.)