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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7		(Section scheduled to be repealed on January 1, 2024)
8		Sec. 5-6-3.6. First Time Weapon Offense 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		103rd General Assembly amendatory Act of the 100th General
14		Assembly establishes a pilot program for first-time,
15		non-violent offenders charged with certain weapons possession
16		offenses. The General Assembly recognizes some persons,
17		particularly young adults in areas of high crime or poverty,
18		may have experienced trauma that contributes to poor decision
19		making skills, and the creation of a diversionary program
20		poses a greater benefit to the community and the person than
21		incarceration. Under this program, a court, with the consent
22		of the defendant and the State's Attorney, may sentence a
23		defendant charged with an unlawful use of weapons offense

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

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1		(2) the nature and circumstances of the offense;
2		(3) whether participation in the Program is in the
3		interest of the defendant's rehabilitation, including any
4		employment or involvement in community, educational,
5		training, or vocational programs;
6		(4) whether the defendant suffers from trauma, as
7		supported by documentation or evaluation by a licensed
8		professional; and
9		(5) the potential risk to public safety.
10		(c) For an offense committed on or after January 1, 2018
11		(the effective date of Public Act 100-3) and before January 1,
12		2024, whenever an eligible person pleads guilty to an unlawful
13		use of weapons offense under Section 24-1 of the Criminal Code
14		of 2012 or aggravated unlawful use of a weapon offense under
15		Section 24-1.6 of the Criminal Code of 2012, which is
16		punishable as a Class 4 felony or lower, the court, with the
17		consent of the defendant and the State's Attorney, may,
18		without entering a judgment, sentence the defendant to
19		complete the First Time Weapon Offense Offender Program. When
20		a defendant is placed in the Program, the court shall defer
21		further proceedings in the case until the conclusion of the
22		period or until the filing of a petition alleging violation of
23		a term or condition of the Program. Upon violation of a term or
24		condition of the Program, the court may enter a judgment on its
25		original finding of guilt and proceed as otherwise provided by
26		law. Upon fulfillment of the terms and conditions of the

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

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1		(6) (blank); perform a minimum of 50 hours of
2		community service;
3		(7) attend and participate in any Program activities
4		deemed required by the Program administrator, such as
5		including but not limited to: counseling sessions,
6		in-person and over the phone check-ins, and educational
7		classes; and
8		(8) (blank). pay all fines, assessments, fees, and
9		costs.
10		(f) The Program may, in addition to other conditions,
11		require that the defendant:
12		(1) obtain or attempt to obtain employment wear an
13		ankle bracelet with GPS tracking;
14		(2) attend educational courses designed to prepare the
15		defendant for obtaining a high school diploma or to work
16		toward passing high school equivalency testing or to work
17		toward completing a vocational training program undergo
18		medical or psychiatric treatment, or treatment or
19		rehabilitation approved by the Department of Human
20		Services; and
21		(3) refrain from having in his or her body the
22		presence of any illicit drug prohibited by the
23		Methamphetamine Control and Community Protection Act or
24		the Illinois Controlled Substances Act, unless prescribed
25		by a physician, and submit samples of his or her blood or
26		urine or both for tests to determine the presence of any

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1		illicit drug;
2		(4) perform community service; attend or reside in a
3		facility established for the instruction or residence of
4		defendants on probation.
5		(5) pay all fines, assessments, fees, and costs; and
6		(6) comply with such other reasonable conditions as
7		the court may impose.
8		(g) There may be only one discharge and dismissal under
9		this Section. If a person is convicted of any offense which
10		occurred within 5 years subsequent to a discharge and
11		dismissal under this Section, the discharge and dismissal
12		under this Section shall be admissible in the sentencing
13		proceeding for that conviction as evidence in aggravation.
14		(h) For purposes of this Section, "violent offense" means
15		any offense in which bodily harm was inflicted or force was
16		used against any person or threatened against any person; any
17		offense involving the possession of a firearm or dangerous
18		weapon; any offense involving sexual conduct, sexual
19		penetration, or sexual exploitation; violation of an order of
20		protection, stalking, hate crime, domestic battery, or any
21		offense of domestic violence.
22		(i) (Blank). This Section is repealed on January 1, 2024.
23		(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
24		Section 99. Effective date. This Act takes effect July 1,
25		2023.