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91_HB1762
LRB9104930OBcd
1 AN ACT concerning treatment of addicts and alcoholics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Alcoholism and Other Drug Abuse and
5 Dependency Act is amended by changing Section 40-5 as
6 follows:
7 (20 ILCS 301/40-5)
8 Sec. 40-5. Election of treatment; designated program.
9 An addict or alcoholic who is charged with or convicted of a
10 crime may elect treatment under the supervision of a licensed
11 program designated by the Department, referred to in this
12 Article as "designated program", unless:
13 (1) the crime is a crime of violence;
14 (2) the crime is a violation of Section 401(a),
15 401(b), 401(c) where the person electing treatment has
16 been previously convicted of a non-probationable felony
17 or the violation is non-probationable, 401(d) where the
18 violation is non-probationable, 401.1, 402(a), 405, or
19 407 of the Illinois Controlled Substances Act, or Section
20 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7,
21 or 9 of the Cannabis Control Act;
22 (3) the person has a record of 2 or more
23 convictions of a crime of violence;
24 (4) other criminal proceedings alleging commission
25 of a felony are pending against the person;
26 (5) the person is on probation or parole and the
27 appropriate parole or probation authority does not
28 consent to that election;
29 (6) the person elected and was admitted to a
30 designated program on 2 prior occasions within any
31 consecutive 2-year period;
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1 (7) the person has been convicted of residential
2 burglary and has a record of one or more felony
3 convictions;
4 (8) the crime is a violation of Section 11-501 of
5 the Illinois Vehicle Code or a similar provision of a
6 local ordinance; or
7 (9) the crime is a reckless homicide or a reckless
8 homicide of an unborn child, as defined in Section 9-3 or
9 9-3.2 of the Criminal Code of 1961, in which the cause of
10 death consists of the driving of a motor vehicle by a
11 person under the influence of alcohol or any other drug
12 or drugs at the time of the violation.
13 (Source: P.A. 90-397, eff. 8-15-97.)