SB0592sam001 100TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/6/2017

10000SB0592sam001 LRB100 06848 RLC 24994 a

AMENDMENT TO SENATE BILL 592

AMENDMENT NO. ______. Amend Senate Bill 592 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Section 5-6-3.5 and by adding Section 5-6-3.4-5 as follows:

(730 ILCS 5/5-6-3.4-5 new)

Sec. 5-6-3.4-5. Unlawful Possession of Firearms Diversion Program.

(a) If a court (i) has reason to believe that a person who is charged with or convicted of a violation of Section 24-1 or 24-1.6 of the Criminal Code of 2012 involving the unlawful possession of a firearm, where the violation does not involve the commission of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act, suffers from Post-Traumatic Stress Disorder (PTSD) or trauma that led to the firearm possession violation, and (ii) finds that he or she is eligible for treatment under this Section, then the court shall advise the person 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 this Code if he or she elects to submit to treatment and is accepted for treatment by an Unlawful Possession of Firearms Diversion Program qualified by the Department of Human Services. The court shall further advise the person that:

(1) if he or she elects to submit to treatment and is accepted, he or she shall be sentenced to probation and placed under the supervision of the qualified 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 program; and

(3) if he or she adheres to the requirements of the 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 program is a breach of probation. The court may certify a person for treatment while on probation under the supervision of a qualified program and probation authorities regardless of the election of the person.

(b) If the person elects to undergo treatment or is certified for treatment, the court shall order an examination by a qualified program to determine whether he or she suffers from Post-Traumatic Stress Disorder (PTSD) or trauma that led to the firearm possession violation and is likely to be rehabilitated through treatment. The program shall report to the court the results of the examination and recommend whether the person should be placed for treatment. If the court, on the basis of the report and other information, finds that the person suffers from Post-Traumatic Stress Disorder (PTSD) or trauma that led to the firearm possession violation and is likely to be rehabilitated through treatment, the person shall be placed on probation and under the supervision of the program approved 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 person, the court is of the opinion that no significant relationship exists between the Post-Traumatic Stress Disorder (PTSD) or trauma of the person 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 that opinion. However, under no circumstances shall the person be placed under the supervision of a qualified program before the entry of a judgment of conviction.

(c) If the court, on the basis of the report or other information, finds that the person suffering from Post-Traumatic Stress Disorder (PTSD) or trauma is not likely to be rehabilitated through treatment, or that his or her Post-Traumatic Stress Disorder (PTSD) or trauma 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 progress reports on the person from the probation officer and program as the court finds necessary. No person may be placed under treatment supervision unless a qualified program accepts the person for treatment.

(d) Failure of a person placed on probation and under the supervision of a qualified program to observe the requirements set down by the program shall be considered a probation violation. The failure shall be reported by the program to the probation officer in charge of the person 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 person, the court finds that the motion should not be granted. Unless good cause is shown, the 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.

(730 ILCS 5/5-6-3.5)

Sec. 5-6-3.5. Appropriations to the Department of Human Services for services under the Offender Initiative Program, and Second Chance Probation, and the Unlawful Possession of Firearms Diversion Program..

(a) As used in this Section, "qualified program" means a program licensed, certified, or otherwise overseen by the Department of Human Services under the rules adopted by the Department.

(b) Subject to appropriation, the Department of Human Services shall, in collaboration with the appropriate State agency, contract with counties and qualified programs to reimburse the counties and qualified programs for the following:

(1) Services relating to defendants eligible for and participating in an Offender Initiative Program, subject to Section 5-6-3.3 of this Code, including:

(A) psychiatric treatment or treatment or rehabilitation approved by the Department of Human Services as provided for in subsection (d) of Section 5-6-3.3 of this Code; and

(B) educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing the high school equivalency test or to work toward completing a vocational training program as provided for in subsection (c) of Section 5-6-3.3 of this Code.

(2) Services relating to defendants eligible for and participating in Second Chance Probation, subject to Section 5-6-3.4 of this Code, including:

(A) psychiatric treatment or treatment or rehabilitation approved by the Department of Human Services as provided for in subsection (d) of Section 5-6-3.4 of this Code; and

(B) educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing the high school equivalency test or to work toward completing a vocational training program as provided in subsection (c) of Section 5-6-3.4 of this Code.

(3) Services relating to defendants eligible for and participating in the Unlawful Possession of Firearms Diversion Program, subject to Section 5-6-3.4-5 of this Code, including psychiatric treatment or treatment or rehabilitation approved by the Department of Human Services as provided for in subsection (b) of Section 5-6-3.4-5 of this Code.

(c) The Department of Human Services shall retain 5% of the moneys appropriated for the cost of administering the services provided by the Department.

(d) The Department of Human Services shall adopt rules and procedures for reimbursements paid to counties and qualified programs. Moneys received under this Section shall be in addition to moneys currently expended to provide similar services.

(e) Expenditure of moneys under this Section is subject to audit by the Auditor General.

(f) The Department of Human Services shall report to the General Assembly on or before January 1, 2016 and on or before each following January 1, for as long as the services are available, detailing the impact of existing services, the need for continued services, and any recommendations for changes in services or in the reimbursement for services.

(Source: P.A. 98-1124, eff. 8-26-14.)".