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91_HB1762eng HB1762 Engrossed 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; HB1762 Engrossed -2- LRB9104930OBcd 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 An addict or alcoholic in a designated program shall be 14 monitored by the probation department and subject to any 15 available terms and conditions of probation under Section 16 5-6-3 of the Unified Code of Corrections as though the addict 17 or alcoholic had been sentenced to probation. 18 (Source: P.A. 90-397, eff. 8-15-97.)