SUBSTANCE USE DISORDER SERVICE

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Full Text of SB3880

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SB3880 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.

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