20 ILCS 301/40-10
2021 Illinois Compiled Statutes|Chapter 20 - EXECUTIVE BRANCH|20 ILCS 301/ - Substance Use Disorder Act.|Article 40 - Substance Use Disorder Treatment For Criminal Justice Clients

Sec. 40-10. Treatment as a condition of probation.(a) If a court has reason to believe that an individual who is charged with  or convicted of a crime suffers from a substance use disorder and the  court finds that he or she is eligible to make the election provided for under Section  40-5, the court shall advise the individual that he or she  may be sentenced to probation and  shall be subject to terms and conditions of probation under  Section 5-6-3 of the Unified Code of Corrections  if he or she elects to participate in treatment and is accepted for  services by a designated program.  The court shall further advise the  individual that:(1) If he or she elects to participate in treatment     and is accepted he or she shall be sentenced to probation and placed under the supervision of the designated program for a period not to exceed the maximum sentence that could be imposed for his or her conviction or 5 years, whichever is less.(2) During probation he or she may be treated at the     discretion of the designated program.(3) If he or she adheres to the requirements of the     designated program and fulfills the other conditions of probation ordered by the court, he or she will be discharged, but any failure to adhere to the requirements of the designated program is a breach of probation.The court may require an individual to obtain treatment while on  probation under the supervision of a designated program and probation  authorities regardless of the election of the individual if the assessment, as specified in subsection (b), indicates that such treatment is medically necessary.(b) If the individual elects to undergo treatment or is required to obtain   treatment, the court shall order an assessment by a designated program to  determine whether he or she suffers from a substance use disorder and is  likely to be rehabilitated through treatment.  The designated program shall  report to the court the results of the assessment and, if treatment is determined medically necessary, indicate the diagnosis and the recommended initial level of care.  If the court, on the basis of the  report and other information, finds that such an individual suffers from  a substance use disorder and is likely to be rehabilitated through  treatment, the individual shall be placed on probation and under the  supervision of a designated program for treatment and under the supervision of  the proper probation authorities for probation supervision unless, giving  consideration to the nature and circumstances of the offense and to the  history, character, and condition of the individual, the court is of the opinion  that no significant relationship exists between the substance use disorder of  the individual and the crime committed, or that his or her imprisonment or periodic  imprisonment is necessary for the protection of the public, and the court  specifies on the record the particular evidence, information, or other reasons  that form the basis of such opinion.  However, under no circumstances shall the  individual be placed under the supervision of a designated program for  treatment before the entry of a judgment of conviction.(c) If the court, on the basis of the report or other information, finds  that the individual suffering from a substance use disorder is not  likely to be rehabilitated through treatment, or that his or her substance use disorder and the crime committed are not significantly related, or that his  or her imprisonment or periodic imprisonment is necessary for the protection of the  public, the court shall impose sentence as in other cases. The court may  require such progress reports on the individual from the probation officer and   designated program as the court finds necessary.  Case management services, as defined in this Act and as further described by rule, shall also be delivered by the designated program. No individual may be placed  under treatment supervision unless a designated program accepts him or her for  treatment.(d) Failure of an individual placed on probation and under the supervision  of a designated program to observe the requirements set down by the designated  program shall be considered a probation violation.   Such failure shall be  reported by the designated program to the probation officer in charge of the  individual and treated in accordance with probation regulations.(e) Upon successful fulfillment of the terms and conditions of probation the  court shall discharge the person from probation.  If the person has not  previously been convicted of any felony offense and has not previously been  granted a vacation of judgment under this Section, upon motion, the court shall  vacate the judgment of conviction and dismiss the criminal proceedings against  him or her unless, having considered the nature and circumstances of the offense and  the history, character and condition of the individual, the court finds that  the motion should not be granted.  Unless good cause is shown, such motion to  vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than  60 days after the discharge of the probation.  (Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)