SB3880: SUBSTANCE USE DISORDER SERVICE

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 SB3880 Enrolled - 2 - LRB104 20620 KTG 34115 b 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; SB3880 Enrolled - 3 - LRB104 20620 KTG 34115 b 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 SB3880 Enrolled - 7 - LRB104 20620 KTG 34115 b 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 SB3880 Enrolled - 8 - LRB104 20620 KTG 34115 b 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.