Bill Text: IL SB3800 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Drug Court Treatment Act. Includes in the definition of "drug court" judicial monitoring according to the rules adopted by the Illinois Supreme Court and any court that primarily accepts defendants charged with driving while impaired with either alcohol or drugs. Eliminates provision that the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if: (1) the defendant is charged with a Class 2 or greater felony violation of various manufacturing, delivery, trafficking, and drug conspiracy violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act; or (2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3800 Detail]

Download: Illinois-2019-SB3800-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3800 Introduced 2/14/2020, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
730 ILCS 166/10
730 ILCS 166/20
Amends the Drug Court Treatment Act. Includes in the definition of "drug court" judicial monitoring according to the rules adopted by the Illinois Supreme Court and any court that primarily accepts defendants charged with driving while impaired with either alcohol or drugs. Eliminates provision that the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if: (1) the defendant is charged with a Class 2 or greater felony violation of various manufacturing, delivery, trafficking, and drug conspiracy violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act; or (2) the defendant has previously, on 3 or more occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program. Effective immediately.
LRB101 18866 RLC 68324 b
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 Sections 10 and 20 as follows:
(730 ILCS 166/10)
Sec. 10. Definitions. As used in this Act:
"Drug court", "drug court program", or "program" means an
immediate and highly structured judicial intervention process
for substance abuse treatment of eligible defendants that
brings together substance abuse professionals, local social
programs, and intensive judicial monitoring in accordance with
the nationally recommended 10 key components of drug courts and
according to the rules adopted by the Illinois Supreme Court.
"Drug court" also means any court that primarily accepts
defendants charged with driving while impaired with either
alcohol or drugs.
"Drug court professional" means a member of the drug court
team, including but not limited to a judge, prosecutor, defense
attorney, probation officer, coordinator, treatment provider,
or peer recovery coach.
"Pre-adjudicatory drug court program" means a program that
allows the defendant, with the consent of the prosecution, to

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expedite the defendant's criminal case before conviction or
before filing of a criminal case and requires successful
completion of the drug court program as part of the agreement.
"Post-adjudicatory drug court program" means a program in
which the defendant has admitted guilt or has been found guilty
and agrees, along with the prosecution, to enter a drug court
program as part of the defendant's sentence.
"Combination drug court program" means a drug court program
that includes a pre-adjudicatory drug court program and a
post-adjudicatory drug court program.
(Source: P.A. 97-946, eff. 8-13-12.)
(730 ILCS 166/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a drug court program
only upon the agreement of the defendant and with the approval
of the court.
(b) A defendant shall be excluded from a drug court program
if any of one of the following apply:
(1) The crime is a crime of violence as set forth in
clause (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

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violence within the past 10 years excluding incarceration
time. As used in this Section, "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, kidnaping,
aggravated battery resulting in great bodily harm or
permanent disability, stalking, aggravated stalking, or
any offense involving the discharge of a firearm.
(c) (Blank). Notwithstanding subsection (a), the defendant
may be admitted into a drug court program only upon the
agreement of the prosecutor if:
(1) the defendant is charged with a Class 2 or greater
felony violation of:
(A) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis Control
Act;
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
or 65 of the Methamphetamine Control and Community
Protection Act; or
(2) the defendant has previously, on 3 or more
occasions, either completed a drug court program, been
discharged from a drug court program, or been terminated
from a drug court program.
(Source: P.A. 99-480, eff. 9-9-15.)

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Section 99. Effective date. This Act takes effect upon
becoming law.