SB 1886

Abstract

Amends the Unified Code of Corrections. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless the person was sentenced to probation, conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body or the person is participating in a Problem-Solving Court certified by the Administrative Office of the Illinois Courts. Provides that for each condition imposed, the court shall state the reasonable relation the condition has to the person's crime of conviction. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Deletes provision that as a condition of probation or conditional discharge, the person must refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act. Provides that a person shall not be assessed costs or fees for mandatory testing for drugs, alcohol, or both, if the person is an indigent person as defined in the Code of Civil Procedure. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless: 1) the person is under 21 years old; (2) the person was sentenced to probation, conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body; or (3) the person is participating in a problem-solving court certified by the Illinois Supreme Court. Provides that for each condition imposed, the court shall state the reasonable relation the condition has to the person's crime of conviction. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act. Senate Floor Amendment No. 2 Provides that in any instance in which the court, as a condition of probation, conditional discharge, or supervision, orders testing for cannabis or alcohol (rather than for each condition imposed), the court shall state the reasonable relation the condition has to the person's crime of conviction. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Reinserts the provisions of the engrossed bill. Provides that in addition to other prohibitions in the bill, provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless: (1) the person has undergone a validated clinical assessment and the clinical treatment plan includes alcohol or cannabis testing; or (2) a court ordered evaluation recommends that the person refrain from using alcohol or cannabis, provided the evaluation is a validated clinical assessment and the recommendation originates from a clinical treatment plan. Provides that if the court has made findings that alcohol use was a contributing factor in the commission of the underlying offense, the court may order a person on probation, conditional discharge, or supervision to refrain from having alcohol in his or her body during the time between sentencing and the completion of a validated clinical assessment, provided that such order shall not exceed 30 days and shall be terminated if the clinical treatment plan does not recommend abstinence or testing, or both. Defines "validated clinical assessment" and "clinical treatment plan".