SUBSTANCE USE DISORDER SERVICE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5192

Introduced 2/10/2026, by Rep. Lisa Davis and Michael Crawford

SYNOPSIS AS INTRODUCED:

20 ILCS 301/Art. 40 heading
20 ILCS 301/40-5
20 ILCS 301/40-10
20 ILCS 301/40-15
20 ILCS 301/40-25 new

Amends the Substance Use Disorder Treatment for Criminal Justice
Clients Article of the Substance Use Disorder Act. Changes references from
"treatment" to "case management" and changes the name of the Article.
Provides that nothing in provisions concerning case management shall
preclude any individual with a substance use disorder who is charged with
or convicted of a crime from receiving case management services with a
designated program if such services are ordered by the court. Provides
that the court, with the consent of the defendant and the State's Attorney,
may, without entering a judgment, sentence the defendant to probation
under a provision concerning case management as a condition of probation.
Provides that the sentence to probation under the provisions shall not be
considered a conviction under Illinois law unless and until judgment is
entered upon violation of a term or condition of probation. Provides that,
upon fulfillment of the terms and conditions of probation, the court shall
discharge the person and dismiss the proceedings against the person.
Provides that case management services by a designated program may be made
a condition of pretrial release, and failure to comply with such services
may be treated as a violation of a condition of pretrial release. Requires
the designated program to make periodic progress reports regarding each
such defendant to the appropriate pretrial services agency or Office of
Statewide Pretrial Services and to report failures to comply with the
requirements of the designated program. Makes conforming and other
changes.
LRB104 20533 RPS 34008 b

A BILL FOR

HB5192
LRB104 20533 RPS 34008 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
case management

treatment
.
13

(a)
An individual
whose use of drugs or alcohol led to the
14
individual being

with a substance use disorder who is
charged
15
with
, pleading guilty to, or being found guilty

or convicted

16
of a crime or any other person charged with
, pleading guilty
17
to, or being found guilty

or convicted
of a misdemeanor
18
violation of the Use of Intoxicating Compounds Act and who has
19
not been previously convicted of a violation of that Act may
20
elect
case management services with

treatment under the
21
supervision of
a program holding a valid intervention license
22
for designated program services issued by the Department,

HB5192
- 2 -
LRB104 20533 RPS 34008 b
1
referred to in this Article as "designated program", unless:
2

(1) the crime is a crime of violence;
3

(2) the crime is a violation of Section 401(a),
4

401(b), 401(c) where the person electing
case management

5

treatment
has been previously convicted of a
6

non-probationable felony or the violation is
7

non-probationable, 401(d) where the violation is
8

non-probationable, 401.1, 402(a), 405 or 407 of the
9

Illinois Controlled Substances Act, or Section 12-7.3 of
10

the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
11

4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
12

Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
13

60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
14

and Community Protection Act or is otherwise ineligible
15

for probation under Section 70 of the Methamphetamine
16

Control and Community Protection Act;
17

(3) the person has a record of 2 or more convictions of
18

a crime of violence;
19

(4) other criminal proceedings alleging commission of
20

a felony are pending against the person;
21

(5) the person is on probation or parole and the
22

appropriate parole or probation authority does not consent
23

to that election;
24

(6) the person elected and was admitted to a
25

designated program on 2 prior occasions within any
26

consecutive 2-year period;

HB5192
- 3 -
LRB104 20533 RPS 34008 b
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 the
5

Illinois Vehicle Code or a similar provision of a local
6

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 or the Criminal Code of
10

2012, in which the cause of death consists of the driving
11

of a motor vehicle by a person under the influence of
12

alcohol or any other drug or drugs at the time of the
13

violation.
14

(b)
Nothing in this Section shall preclude an individual
15
who is charged with or convicted of a crime that is a violation
16
of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control
17
and Community Protection Act, and who is otherwise eligible to
18
make the election provided for under this Section, from being
19
eligible to make an election for
case management

treatment
as
20
a condition of probation as provided for under this Article.
21

(c) Nothing in this Section shall preclude any individual
22
whose use of drugs or alcohol led to the individual being
23
charged with or convicted of a crime from receiving case
24
management services with a designated program if such services
25
are ordered by the court.

26
(Source: P.A. 99-78, eff. 7-20-15; 100-759, eff. 1-1-19
.)

HB5192
- 4 -
LRB104 20533 RPS 34008 b
1

(20 ILCS 301/40-10)
2

Sec. 40-10.
Case management

Treatment
as a condition of
3
probation.
4

(a) If a court has reason to believe that an individual who
5
is charged with or convicted of a crime suffers from a
6
substance use disorder and the court finds that he or she is
7
eligible to make the election provided for under Section 40-5,
8
the court shall advise the individual that he or she may be
9
sentenced to probation and shall be subject to terms and
10
conditions of probation under Section 5-6-3 of the Unified
11
Code of Corrections if he or she elects to participate in
case
12
management

treatment
and is accepted for services by a
13
designated program. The court shall further advise the
14
individual that:
15

(1) If he or she elects to participate in
case
16

management

treatment
and is accepted he or she shall be
17

sentenced to probation and placed
into case management
18

services with

under the supervision of
the designated
19

program for a period not to exceed the maximum sentence
20

that could be imposed for his or her conviction or 5 years,
21

whichever is less.
22

(2) During probation he or she may be
provided with
23

services

treated
at the discretion of the designated
24

program.
25

(3) If he or she adheres to the requirements of the

HB5192
- 5 -
LRB104 20533 RPS 34008 b
1

designated program and fulfills the other conditions of
2

probation ordered by the court, he or she will be
3

discharged, but any failure to adhere to the requirements
4

of the designated program is a breach of probation.
5

The court may require an individual to obtain treatment
6
while on probation under the supervision of a designated
7
program and probation authorities regardless of the election
8
of the individual if the assessment, as specified in
9
subsection (b), indicates that such treatment is medically
10
necessary.
11

(b) If the individual elects to undergo treatment or
12
before the individual
is required to obtain treatment, the
13
court shall order an assessment by a designated program to
14
determine whether he or she suffers from a substance use
15
disorder and is likely to be rehabilitated through treatment.
16
The designated program shall report to the court the results
17
of the assessment and, if treatment is determined medically
18
necessary, indicate the diagnosis and the recommended initial
19
level of care. If the court, on the basis of the report and
20
other information, finds that such an individual suffers from
21
a substance use disorder and is likely to be rehabilitated
22
through treatment, the individual shall be placed on probation
23
and into case management services with

and under the
24
supervision of
a designated program
for treatment
and under
25
the supervision of the proper probation authorities for
26
probation supervision unless, giving consideration to the

HB5192
- 6 -
LRB104 20533 RPS 34008 b
1
nature and circumstances of the offense and to the history,
2
character, and condition of the individual, the court is of
3
the opinion that no significant relationship exists between
4
the substance use disorder of the individual and the crime
5
committed, or that his or her imprisonment or periodic
6
imprisonment is necessary for the protection of the public,
7
and the court specifies on the record the particular evidence,
8
information, or other reasons that form the basis of such
9
opinion.
However, under no circumstances shall the individual
10
be placed under the supervision of a designated program for
11
treatment before the entry of a judgment of conviction.
12

(c) If the court, on the basis of the report or other
13
information, finds that the individual suffering from a
14
substance use disorder is not likely to be rehabilitated
15
through treatment, or that his or her substance use disorder
16
and the crime committed are not significantly related, or that
17
his or her imprisonment or periodic imprisonment is necessary
18
for the protection of the public, the court shall impose
19
sentence as in other cases. The court may require such
20
progress reports on the individual from the probation officer
21
and designated program as the court finds necessary. Case
22
management services, as defined in this Act and as further
23
described by rule, shall also be delivered by the designated
24
program. No individual may be placed
into case management
25
services

under treatment supervision
unless a designated
26
program accepts him or her for treatment.

HB5192
- 7 -
LRB104 20533 RPS 34008 b
1

(d)
(Blank).

Failure of an individual placed on probation
2
and under the supervision of a designated program to observe
3
the requirements set down by the designated program shall be
4
considered a probation violation. Such failure shall be
5
reported by the designated program to the probation officer in
6
charge of the individual and treated in accordance with
7
probation regulations.
8

(e)
(Blank).

Upon successful fulfillment of the terms and
9
conditions of probation the court shall discharge the person
10
from probation. If the person has not previously been
11
convicted of any felony offense and has not previously been
12
granted a vacation of judgment under this Section, upon
13
motion, the court shall vacate the judgment of conviction and
14
dismiss the criminal proceedings against him or her unless,
15
having considered the nature and circumstances of the offense
16
and the history, character and condition of the individual,
17
the court finds that the motion should not be granted. Unless
18
good cause is shown, such motion to vacate must be filed at any
19
time from the date of the entry of the judgment to a date that
20
is not more than 60 days after the discharge of the probation.
21

(f) The court, with the consent of the defendant, may,
22
without entering a judgment, sentence the defendant to
23
probation under this Section. A sentence under this Section
24
shall not be considered a conviction under Illinois law unless
25
and until judgment is entered under paragraph (2) of this
26
subsection (f).

HB5192
- 8 -
LRB104 20533 RPS 34008 b
1

(1) When a defendant is placed on probation, the court
2

shall enter an order specifying a period of probation and
3

shall defer further proceedings in the case until the
4

conclusion of the period or until the filing of a petition
5

alleging violation of a term or condition of probation.
6

(2) Upon violation of a term or condition of
7

probation, the court may enter a judgment on its original
8

finding of guilt and proceed as otherwise provided by law.
9

(3) Upon fulfillment of the terms and conditions of
10

probation, the court shall discharge the person and
11

dismiss the proceedings against the person.
12

(4) A disposition of probation is considered to be a
13

conviction for the purposes of imposing the conditions of
14

probation and for appeal; however, a sentence under this
15

Section is not a conviction for purposes of the Unified
16

Code of Corrections or for purposes of disqualifications
17

or disabilities imposed by law upon conviction of a crime
18

unless and until judgment is entered.

19
(Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19
.)

20

(20 ILCS 301/40-15)
21

Sec. 40-15.
Case management

Acceptance for treatment
as a
22
parole or release condition.
Case management services by

23
Acceptance for treatment for a substance use disorder under
24
the supervision of
a designated program may be made a
25
condition of parole or release, and failure to comply with

HB5192
- 9 -
LRB104 20533 RPS 34008 b
1
such services may be treated as a violation of parole or
2
release. A designated program shall establish the
eligibility
3
criteria

conditions
under which a parolee or releasee is
4
accepted for services. No parolee or releasee may be placed
5
into case management services with

under the supervision of
a
6
designated program for treatment unless the designated program
7
accepts him or her for
services

treatment
. The designated
8
program shall make periodic progress reports regarding each
9
such parolee or releasee to the appropriate parole authority
10
and shall report failures to comply with the
requirements of
11
the designated

prescribed treatment
program.
12
(Source: P.A. 100-759, eff. 1-1-19
.)

13

(20 ILCS 301/40-25 new)
14

Sec. 40-25.
Case management as a condition of pretrial
15
release.
Case management services by a designated program may
16
be made a condition of pretrial release, and failure to comply
17
with such services may be treated as a violation of a condition
18
of pretrial release. A designated program shall establish the
19
eligibility criteria under which a defendant is accepted for
20
services. No individual may be placed into case management
21
services with a designated program for treatment unless the
22
designated program accepts him or her for services. The
23
designated program shall make periodic progress reports
24
regarding each such defendant to the appropriate pretrial
25
services agency or Office of Statewide Pretrial Services and

HB5192
- 10 -
LRB104 20533 RPS 34008 b
1
shall report failures to comply with the requirements of the
2
designated program.

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