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