Existing alternatives to incarceration: Alcohol and Other Drug Abuse and Dependency Act

Summary—the basics  

Illinois currently has three statutes outlining alternatives to incarceration and eligibility for those programs. These statutes include:

Mental health courts and drug courts can be pre-adjudication, post-adjudication, or a combination of the two. They must be developed and operated by the judicial circuit; however, there may be multiple specialty courts within a circuit depending on size of the circuit and need.

20 ILCS 20 – Alcoholism and other drug abuse and dependency act

Purpose of act:

Some important definitions in act:

Licensing section:

Treatment for individuals convicted or charged with crime:

Alcoholism and other drug abuse and dependency act program ineligible offenses

The following offenses are statutorily ineligible for participation in Alcoholism and other drug abuse dependency act program. Ineligibility for alcoholism and other drug abuse and dependency act programs does not necessarily preclude eligibility for other diversion programs. Please consult with a State’s Attorney or other legal counsel to determine individual eligibility.

i.  15 grams or more of cocaine, heroin, morphine
ii. 15 grams or more of LSD or ecstasy (or 15 objects)
iii. Specified amounts of other specified controlled substances