730 ILCS 5/5-6-3.3
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

Sec. 5-6-3.3. Offender Initiative Program.(a) Statement of purpose. The General Assembly seeks to  continue other successful programs that promote public safety,  conserve valuable resources, and reduce recidivism by  defendants who can lead productive lives by creating the  Offender Initiative Program.(a-1) Whenever any person who has not previously been  convicted of any felony offense under the laws of this State, the laws  of any other state, or the laws of the United States, is  arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor  vehicle, burglary, possession of burglary tools, deceptive practices, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012,  criminal trespass to a residence,  obstructing justice, or an offense involving fraudulent identification, or possession of  cannabis, possession of a controlled substance, or possession  of methamphetamine, the court, with the consent of the  defendant and the State's Attorney, may continue this matter to  allow a defendant to participate and complete the Offender  Initiative Program.(a-2) Exemptions. A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense. For purposes of this  Program, a "violent offense" is any offense where bodily harm  was inflicted or where force was used against any person or  threatened against any person, any offense involving sexual      conduct, sexual penetration, or sexual exploitation, any  offense of domestic violence, domestic battery, violation of an  order of protection, stalking, hate crime, and any offense involving the  possession of a firearm or dangerous weapon. A defendant shall  not be eligible for this Program if he or she has previously  been adjudicated a delinquent minor for the commission of a  violent offense as defined in this subsection.(b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court  shall enter an order specifying that  the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months.(c) The conditions of the Program shall be that the  defendant:(1) not violate any criminal statute of this State or         any other jurisdiction;(2) refrain from possessing a firearm or other         dangerous weapon;(3) make full restitution to the victim or property         owner pursuant to Section 5-5-6 of this Code;(4) obtain employment or perform not less than 30     hours     of community service, provided community service is     available in the county and is funded and approved by the     county board; and(5) attend educational courses designed to prepare     the     defendant for obtaining a high school diploma or to work     toward passing high school equivalency testing or to work toward     completing a vocational training program.(c-1)  The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.(d) The court may, in addition to other conditions, require  that the defendant:(1) undergo medical or psychiatric treatment, or         treatment or rehabilitation approved by the Illinois     Department of Human Services;(2) refrain from having in his or her body the     presence     of any illicit drug prohibited by the Methamphetamine     Control and Community Protection Act, the Cannabis Control     Act or the Illinois Controlled Substances Act, unless     prescribed by a physician, and submit samples of his or her     blood or urine or both for tests to determine the presence     of any illicit drug;(3)  submit to periodic drug testing at a time,     manner, and frequency as ordered by the court;(4)  pay fines, fees and costs; and(5) in addition, if a minor:(i) reside with his or her parents or in a foster                 home;(ii) attend school;(iii) attend a non-residential program for youth;                 or(iv) contribute to his or her own support at home                 or in a foster home.(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.(f) Upon fulfillment of the terms and conditions of the  Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the  proceedings against the person.(g) A person may only have one discharge and dismissal under  this Section within a 4-year period.(h)  Notwithstanding subsection (a-1), if the court finds that the defendant suffers from a substance abuse problem, then before the person participates in the Program under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act.  The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of the Program under this Section and shall report the results of its evaluation to the court.  If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of the Program, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to participate in the Program under this Section, but shall be considered for the drug court program.(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)