Bill Text: IL HB3410 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder. Makes changes to offenses that exclude a defendant from admission into a drug court program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3410 Detail]

Download: Illinois-2023-HB3410-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3410 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
730 ILCS 166/20
Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder. Makes changes to offenses that exclude a defendant from admission into a drug court program.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Court Treatment Act is amended by
changing Section 20 as follows:
(730 ILCS 166/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a drug court program
only upon the consent of the defendant and with the approval of
the court. A defendant agrees to be admitted when a written
consent to participate is provided to the court in open court
and the defendant acknowledges understanding its contents.
(a-5) Each drug court shall have a target population
defined in its written policies and procedures. The policies
and procedures shall define that court's eligibility and
exclusionary criteria.
(a-10) Before a defendant is admitted into a drug court
program, the court must make a finding that the crime for which
the defendant is to be admitted into the drug court program had
a nexus to the defendant's substance use disorder, as that
term is defined in Section 1-10 of the Substance Use Disorder
Act.
(b) A defendant shall be excluded from a drug court

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program if any one of the following applies:
(1) The crime is a crime of violence as set forth in
paragraph (4) of this subsection (b).
(2) The defendant denies his or her use of or
addiction to drugs.
(3) The defendant does not demonstrate a willingness
to participate in a treatment program.
(4) The defendant has been convicted of a crime of
violence within the past 5 years excluding incarceration
time, parole, and periods of mandatory supervised release.
As used in this paragraph, "crime of violence" means:
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated arson, arson, aggravated kidnaping, kidnapping,
aggravated battery resulting in great bodily harm or
permanent disability, aggravated domestic battery
resulting in great bodily harm or permanent disability,
aggravated criminal sexual abuse by a person in a position
of trust or authority over a child, stalking, aggravated
stalking, home invasion, aggravated vehicular hijacking,
or any offense involving the discharge of a firearm.
"Crime of violence" also means: robbery; aggravated
robbery; aggravated assault if a deadly weapon was used
during the offense; aggravated unlawful use of a weapon;
violation of an order of protection; failure to register

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as a violent offender against youth or failure to report
to a law enforcement agency as required under the Murderer
and Violent Offender Against Youth Registration Act;
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof; or any offense requiring
registration under the Murderer and Violent Offender
Against Youth Registration Act.
(5) The defendant is charged with a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code in which an
individual is charged with aggravated driving under the
influence that resulted in the death of another person or
when the violation was a proximate cause of the death,
unless, pursuant to subparagraph (G) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle
Code, the court determines that extraordinary
circumstances exist and require probation.
(c) Notwithstanding subsection (a), the defendant may be
admitted into a drug court program only upon the agreement of
the prosecutor if the defendant is charged with a Class 2 or
greater felony violation of:
(1) Section 401, 401.1, 405, or 405.2 of the Illinois
Controlled Substances Act;
(2) Section 5, 5.1, or 5.2 of the Cannabis Control
Act; or

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(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
65 of the Methamphetamine Control and Community Protection
Act.
(Source: P.A. 102-1041, eff. 6-2-22.)