As a continuing service to our readers, we are presenting another article in our "Primer" series. To see our previous "Primer"article about 410 or 1410 Probation, click
here.
Drug and TASC probation is a special kind of probation because the law allows the defendant to avoid a criminal conviction and eventually
expunge their arrest record.
Under “regular” probation, a felony conviction stays on the defendant’s record forever unless the Governor issues a
pardon – not very common. Understanding the differences between
drug, TASC and regular probation is important because it can mean the difference between having a clean record or being permanently labeled a convicted felon.
A further distinction is also necessary between
drug probation and TASC probation. For
drug probation, the Defendant is charged with possessing illegal
drugs. For TASC probation, the charge does not have to be
drug related, but rather, the Defendant elects to be treated as a person with a
drug problem. For example, if the Defendant is charged with
Residential Burglary, they would not be eligible for
drug probation or regular probation, but may be eligible for TASC probation.
TASC (Treatment Alternatives for Safe Communities), is actually run by a not-for-profit organization with offices in every county in Illinois. In 2010, it provided services to 19,462 clients. In large part, TASC provides services to defendants that have substance abuse and/or mental health problems. TASC does not offer treatment directly, but rather coordinates the treatment program for the Defendant. TASC also provides services not related to cases involving
drugs such as the
Domestic Violence Diversion program. For more information on TASC see:
www.tasc.org
Under the Illinois Alcoholism and Other Drug Dependency Act (20 ILCS 301/40), a Defendant can request from the Court that they be treated as someone with a
drug problem and referred to TASC for an evaluation. However, the Court may find the Defendant is not eligible for TASC if there are: 1) charges pending alleging a violent crime; 2) the defendant has two or more prior convictions for violent crimes; 3) the offense charged is a crime of violence; 4) the defendant elected and was admitted to a treatment program on two prior occasions within any consecutive two-year period under Article 40; 5) the offense charged is in violation of Section 401 (a), (b), or (c); 5) The offense charged is related to
methamphetamines; and 6) the offense charged falls under any other exclusion (
DUI offenses,
Residential Burglaries with one or more prior felony convictions, other pending felony offenses, etc.).
Even if the Court finds the Defendant eligible for TASC under 20 ILCS 301/40, acceptance into TASC is not automatic. TASC has to accept the defendant. Generally, TASC will accept a Defendant if they determine that a rehabilitation program will help and so long as the charge is not for a violent crime, involves a
weapon, or possession of
methamphetamines. Once the Defendant is accepted into TASC, a tailored program is put in place to assist the Defendant with his substance abuse rehabilitation. The program and probation is for 24 months. Upon completion, the judgment of conviction is vacated by the Court with the result being that case is concluded without a conviction. The arrest record can also be
expunged from the public record 5 years after completion of the 24 months of probation.
Some Defendants run into problems while on “TASC probation” because they do not follow the program or fail one of the many
drug tests. In those circumstances, the prosecutor usually files a
Violation of Probation and asks the Court to sentence the Defendant to jail time. Most judges are aware that recovery is not easy and will give the Defendant some lee way. However, a Defendant who shows little regard for the terms of their probation will get little or no sympathy from the Court
Turning our attention to
drug probation, it is available under three circumstances under Illinois law:
(a)
Marijuana Possession. Under the Cannabis Control Act (720 ILCS 550/10), a person who is charged for
Possessing Marijuana is eligible for
drug probation so long as there was no Manufacturing and/or Trafficking involved. This probation is sometimes referred to as “710” probation in reference to the law before it was revised.
(b)
Other Drug Possession. Under the Illinois Substance Control Act, (720 ILCS 570/410), a person who is charged for possessing your most common street
drugs or possessing an unauthorized
prescription form, is eligible for
drug probation. This probation is sometimes referred to as “1410” probation in reference to the law before it was revised.
(c)
Methamphetamine Possession. Under the
Methamphetamine Control Act (720 ILCS 646/70), a person is charged with possessing less than 15 grams of
methamphetamine, is also eligible for
drug probation. This probation is often referred to as “Section 70” probation.
The term of
drug probation is for 24 months. During that period, the defendant is required to a) submit to a minimum of 3
drug tests during the term of probation, b) perform 30 hours of community service and 3) not possess a firearm. Further, you must pay mandatory fines and costs which are approximately $1,200,00. The Court can further add additional terms to the probation depending on the circumstances.
Unlike TASC probation, in
drug probation a judgment is not entered against the defendant. When the defendant completes his
drug probation, the case is simply dismissed. Under TASC probation, a judgment is entered against the Defendant when they enter TASC and the judgment is later vacated by the Court upon successful completion of probation. As noted, under TASC probation, TASC designs a tailored program for the defendant and they must comply with the recommendations of TASC to successfully complete probation.
The State legislature has take notice that
drug addiction is a disease and has carved out these limited exceptions to regular probation to give addicts an opportunity to get better and avoid criminal convictions. With the thousands of inmates currently in jail for
drug related crimes, one would think that these programs need to be expanded and the law amended to reflect the enormity of the problem of
drugs in our communities.
For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at
www.thelegaldefenders.com or call us anytime at 1-800-228-7295.
The Legal Defenders, PC
70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 * Fax: (800) 604-0507
The prosecutors dismissed misdemeanor possession of marijuana charges against our client on the eve of trial after we called their bluff and proved to them that we were ready for trial. Our client is currently on felony probation for a Class 2 felony for Battery to a Police Officer. The probation department has already filed a Petition to Violate our client's probation. The judge on the Violation of Probation case warned us that we had to win the misdemeanor possession of marijuana case or else he would violate our client's probation and sentence him to prison. Another client has been spared a potentially lengthy prison sentence.
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