TASC and Drug Probation - A Primer

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.

Over 4,000 Guns Removed From Streets This Weekend

The Chicago police are reporting that their program to reward the turning in of a weapon in exchange for a gift card was a tremendous success.  In exchange for turning in a weapon, with no questions asked, people were given a gift card for up to $100 depending on the type of weapon turned in.  St. Sabina Church, on the  South Side, gave an extra $50 for an assault weapon.  Chicago police report that a total of $4,050 weapons were turned in on Saturday.  55 were assault weapons, 3,335 were handguns, and 660 were toy guns and fake guns.  Even 2 hand grenades were turned in.  Some of the weapons turned in could pierce bulletproof vests.  The program is now in its 6th year and has been credited for removing thousands of weapons from the street. 

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,

Chicago Police Offering Money For Guns

Today, the Chicago Police are offering up to $100 for each gun turned in at 22 locations throughout the city.  For a list of locations click here. Police will be giving people a prepaid credit card for each gun turned in.  All guns turned in will be destroyed and the police have promised not to ask any questions about the guns or the people who are turning in the guns.  The police will pay $100 for each assault weapon, $75 for each handgun, $10 for BB guns, air guns and replica guns.  Guns can always be turned in to any police station but the money will only paid today.

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.

Federal Judge Upholds Washington D.C Gun Restrictions

A federal judge has upheld the new restrictions on gun ownership that were passed by the Washington, D.C., city council after the United States Supreme Court invalidated Washington, D.C.'s gun laws two years ago.  The Plaintiff in this case was Dick Heller, the same Plaintiff as in the Supreme Court case.  Gun owners were claiming that the new restrictions were unduly burdensome and excessive.  The new regulations require background searches, fingerprints, photos and a ballistic identification procedure that allows police to trace a bullet to a particular weapon.  In addition, the restrictions bans assault weapons and large ammunition feeding devices.  The federal judge ruled that these restrictions do not violate the rights guaranteed by the Second Amendment.  The judge said he was deferring to the judgment of the city council in upholding the restrictions.  He found that sufficient evidence was produced at the city council hearing to establish that the registration requirements will effectuate the goal of promoting public safety and that there is a sufficient nexus present between the requirements and the important governmental interest of promoting public safety.  In upholding the ban on assault weapons and large ammunition feeding devices the judge ruled that he was deferring to the judgment of the city council which found that such weapons are "disproportionately likely to be used by criminals" and have no legitimate use for self defense.  In upholding the ban on large ammunition feeding devices the judge found that such a restriction does not render a weapon inoperable and is not an unduly burdensome restriction.

The case is important because it focus on the standard of review to be applied by reviewing courts when deciding restrictions on guns.  In this case the judge chose an intermediate standard of review.  He decided against applying the toughest test which applies to fundamental rights and he rejected the city's suggestion that he apply a highly permissive test.  The judge seemed to go right down the middle.

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.

Evidence Recovered From Raid Of Harvey Police Department Leads To Charges

In 2007, the Cook County States Attorney, State of Illinois Police and The Cook County Sheriff's Department raided the Village of Harvey police station in search of lost evidence of serious crimes that had gone unsolved for years.  Approximately 200 rape kits were recovered from the basement of the police station.  None of the rape kits recovered had been tested.  One of the rape kits recovered led to charges in a rape that occurred in 2004.  The DNA recovered from that rape kit led to a hit in a national computer database.  The individual, currently in custody on an unrelated drug charge, was brought to Cook County where bond was set at $1.5 million.  The individual arrested has an extensive criminal record having previously been convicted of weapon and drug charges.  The evidence seized from the raids of the Harvey police station has already lead to dozens of arrests and charges in murder cases, shootings and rape cases.

At least one investigator continues to work on the evidence seized from the raids.

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.