Who is Eligible for Drug Court in Illinois?
Full Question:
Answer:
Please see the following IL statute to determine applicability if the person is a minor:
(705 ILCS 410/20)
Sec. 20. Eligibility.
(a) A minor may be admitted into a drug court program only upon the agreement of the prosecutor and the minor and with the approval of the court.
(b) A minor 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 minor denies his or her use of or addiction
to drugs.
(3) The minor does not demonstrate a willingness to
participate in a treatment program.
(4) The minor has been adjudicated delinquent for a
crime of violence within the past 10 years excluding incarceration time, including but not limited to: first degree murder, second degree murder, predatory criminal sexual assault of a child, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
(Source: P.A. 92‑559, eff. 1‑1‑03.)
Please see the following IL statute to determine applicability if the person is an adult:
(730 ILCS 166/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a drug court program only upon the agreement of the prosecutor and 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
violence within the past 10 years excluding incarceration time, including but not limited to: 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.
(5) The defendant has previously completed or has
been discharged from a drug court program.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
For further information, please see:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2014&ChapAct=730%26nbsp%3BILCS%26nbsp%3B166%2F&ChapterID=55&ChapterName=CORRECTIONS&ActName=Drug+Court+Treatment+Act%2E
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1864&ChapAct=705%26nbsp%3BILCS%26nbsp%3B410%2F&ChapterID=50&ChapterName=COURTS&ActName=Juvenile+Drug+Court+Treatment+Act%2E