SB0765 Engrossed LRB102 04583 RLC 14602 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Unified Code of Corrections is amended by
5		changing Section 5-6-3.6 as follows:
6		(730 ILCS 5/5-6-3.6)
7		(Section scheduled to be repealed on January 1, 2023)
8		Sec. 5-6-3.6. First Time Weapon Offender Program.
9		(a) The General Assembly has sought to promote public
10		safety, reduce recidivism, and conserve valuable resources of
11		the criminal justice system through the creation of diversion
12		programs for non-violent offenders. This amendatory Act of the
13		100th General Assembly establishes a pilot program for
14		first-time, non-violent offenders charged with certain weapons
15		offenses. The General Assembly recognizes some persons,
16		particularly young adults in areas of high crime or poverty,
17		may have experienced trauma that contributes to poor decision
18		making skills, and the creation of a diversionary program
19		poses a greater benefit to the community and the person than
20		incarceration. Under this program, a court, with the consent
21		of the defendant and the State's Attorney, may sentence a
22		defendant charged with an unlawful use of weapons offense
23		under Section 24-1 of the Criminal Code of 2012 or aggravated

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1		unlawful use of a weapon offense under Section 24-1.6 of the
2		Criminal Code of 2012, if punishable as a Class 4 felony or
3		lower, to a First Time Weapon Offender Program.
4		(b) A defendant is not eligible for this Program if:
5		(1) the offense was committed during the commission of
6		a violent offense as defined in subsection (h) of this
7		Section;
8		(2) he or she has previously been convicted or placed
9		on probation or conditional discharge for any violent
10		offense under the laws of this State, the laws of any other
11		state, or the laws of the United States;
12		(3) he or she had a prior successful completion of the
13		First Time Weapon Offender Program under this Section;
14		(4) he or she has previously been adjudicated a
15		delinquent minor for the commission of a violent offense;
16		(5) he or she is 21 years of age or older; or
17		(6) he or she has an existing order of protection
18		issued against him or her.
19		(b-5) In considering whether a defendant shall be
20		sentenced to the First Time Weapon Offender Program, the court
21		shall consider the following:
22		(1) the age, immaturity, or limited mental capacity of
23		the defendant;
24		(2) the nature and circumstances of the offense;
25		(3) whether participation in the Program is in the
26		interest of the defendant's rehabilitation, including any

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1		employment or involvement in community, educational,
2		training, or vocational programs;
3		(4) whether the defendant suffers from trauma, as
4		supported by documentation or evaluation by a licensed
5		professional; and
6		(5) the potential risk to public safety.
7		(c) For an offense committed on or after the effective
8		date of this amendatory Act of the 100th General Assembly and
9		before January 1, 2023, whenever an eligible person pleads
10		guilty to an unlawful use of weapons offense under Section
11		24-1 of the Criminal Code of 2012 or aggravated unlawful use of
12		a weapon offense under Section 24-1.6 of the Criminal Code of
13		2012, which is punishable as a Class 4 felony or lower, the
14		court, with the consent of the defendant and the State's
15		Attorney, may, without entering a judgment, sentence the
16		defendant to complete the First Time Weapon Offender Program.
17		When a defendant is placed in the Program, the court shall
18		defer further proceedings in the case until the conclusion of
19		the period or until the filing of a petition alleging
20		violation of a term or condition of the Program. Upon
21		violation of a term or condition of the Program, the court may
22		enter a judgment on its original finding of guilt and proceed
23		as otherwise provided by law. Upon fulfillment of the terms
24		and conditions of the Program, the court shall discharge the
25		person and dismiss the proceedings against the person.
26		(d) The Program shall be at least 18 months and not to

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1		exceed 24 months, as determined by the court at the
2		recommendation of the Program program administrator and the
3		State's Attorney. The Program administrator may be appointed
4		by the Chief Judge of each Judicial Circuit.
5		(e) The conditions of the Program shall be that the
6		defendant:
7		(1) not violate any criminal statute of this State or
8		any other jurisdiction;
9		(2) refrain from possessing a firearm or other
10		dangerous weapon;
11		(3) obtain or attempt to obtain employment;
12		(4) attend educational courses designed to prepare the
13		defendant for obtaining a high school diploma or to work
14		toward passing high school equivalency testing or to work
15		toward completing a vocational training program;
16		(5) refrain from having in his or her body the
17		presence of any illicit drug prohibited by the
18		Methamphetamine Control and Community Protection Act, the
19		Cannabis Control Act, or the Illinois Controlled
20		Substances Act, unless prescribed by a physician, and
21		submit samples of his or her blood or urine or both for
22		tests to determine the presence of any illicit drug;
23		(6) perform a minimum of 50 hours of community
24		service;
25		(7) attend and participate in any Program activities
26		deemed required by the Program administrator, including

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1		but not limited to: counseling sessions, in-person and
2		over the phone check-ins, and educational classes; and
3		(8) pay all fines, assessments, fees, and costs.
4		(f) The Program may, in addition to other conditions,
5		require that the defendant:
6		(1) wear an ankle bracelet with GPS tracking;
7		(2) undergo medical or psychiatric treatment, or
8		treatment or rehabilitation approved by the Department of
9		Human Services; and
10		(3) attend or reside in a facility established for the
11		instruction or residence of defendants on probation.
12		(g) There may be only one discharge and dismissal under
13		this Section. If a person is convicted of any offense which
14		occurred within 5 years subsequent to a discharge and
15		dismissal under this Section, the discharge and dismissal
16		under this Section shall be admissible in the sentencing
17		proceeding for that conviction as evidence in aggravation.
18		(h) For purposes of this Section, "violent offense" means
19		any offense in which bodily harm was inflicted or force was
20		used against any person or threatened against any person; any
21		offense involving the possession of a firearm or dangerous
22		weapon; any offense involving sexual conduct, sexual
23		penetration, or sexual exploitation; violation of an order of
24		protection, stalking, hate crime, domestic battery, or any
25		offense of domestic violence.
26		(i) This Section is repealed on January 1, 2023.

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1		(Source: P.A. 100-3, eff. 1-1-18.)
2		Section 99. Effective date. This Act takes effect upon
3		becoming law.