CD CORR-PROBATION

Session: 103rd General Assembly
Year: 2023
Bill #: SB1886
Category: Courts
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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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 Amendment 2: 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 Amendment 3: 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.



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