ILCS » Chapter 20 · Act 301
Illinois Compiled Statutes

20 ILCS 301/40-10 (2026)

Treatment as a condition of probation

✓ current as of May 2026
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(20 ILCS 301/40-10)
    Sec. 40-10. Treatment as a condition of probation.
    (a) If a court has reason to believe that an individual who is charged with or convicted of a crime suffers from a substance use disorder and the court finds that he or she is eligible to make the election provided for under Section 40-5, the court shall advise the individual that he or she may be sentenced to probation and shall be subject to terms and conditions of probation under Section 5-6-3 of the Unified Code of Corrections if he or she elects to participate in treatment and is accepted for services by a designated program. The court shall further advise the individual that:
        (1) If he or she elects to participate in treatment
    
and is accepted he or she shall be sentenced to probation and placed under the supervision of the designated program for a period not to exceed the maximum sentence that could be imposed for his or her conviction or 5 years, whichever is less.
        (2) During probation he or she may be treated at the
    
discretion of the designated program.
        (3) If he or she adheres to the requirements of the
    
designated program and fulfills the other conditions of probation ordered by the court, he or she will be discharged, but any failure to adhere to the requirements of the designated program is a breach of probation.
    The court may require an individual to obtain treatment while on probation under the supervision of a designated program and probation authorities regardless of the election of the individual if the assessment, as specified in subsection (b), indicates that such treatment is medically necessary.
    (b) If the individual elects to undergo treatment or is required to obtain treatment, the court shall order an assessment by a designated program to determine whether he or she suffers from a substance use disorder and is likely to be rehabilitated through treatment. The designated program shall report to the court the results of the assessment and, if treatment is determined medically necessary, indicate the diagnosis and the recommended initial level of care. If the court, on the basis of the report and other information, finds that such an individual suffers from a substance use disorder and is likely to be rehabilitated through treatment, the individual shall be placed on probation and under the supervision of a designated program for treatment and under the supervision of the proper probation authorities for probation supervision unless, giving consideration to the nature and circumstances of the offense and to the history, character, and condition of the individual, the court is of the opinion that no significant relationship exists between the substance use disorder of the individual and the crime committed, or that his or her imprisonment or periodic imprisonment is necessary for the protection of the public, and the court specifies on the record the particular evidence, information, or other reasons that form the basis of such opinion. However, under no circumstances shall the individual be placed under the supervision of a designated program for treatment before the entry of a judgment of conviction.
    (c) If the court, on the basis of the report or other information, finds that the individual suffering from a substance use disorder is not likely to be rehabilitated through treatment, or that his or her substance use disorder and the crime committed are not significantly related, or that his or her imprisonment or periodic imprisonment is necessary for the protection of the public, the court shall impose sentence as in other cases. The court may require such progress reports on the individual from the probation officer and designated program as the court finds necessary. Case management services, as defined in this Act and as further described by rule, shall also be delivered by the designated program. No individual may be placed under treatment supervision unless a designated program accepts him or her for treatment.
    (d) Failure of an individual placed on probation and under the supervision of a designated program to observe the requirements set down by the designated program shall be considered a probation violation. Such failure shall be reported by the designated program to the probation officer in charge of the individual and treated in accordance with probation regulations.
    (e) Upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Unless good cause is shown, such motion to vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation.
(Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)

    
Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1996–2024 · leading case: People v. Peppers, 817 N.E.2d 1152 (Ill. App. Ct. 2004).
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People v. Peppers, 817 N.E.2d 1152 (Ill. App. Ct. 2004). · cites it 2× “The court did not indicate that defendant's conviction precluded it from consideration of the Act.”
People v. Wallace, 772 N.E.2d 785 (Ill. App. Ct. 2002). · cites it 2× “" 20 ILCS 301/40-10(a) (West 1994). Furthermore, "[i]f the individual elects to undergo treatment or is certified for treatment, the court shall order an examination by a designated program to determine whether he suffers from alcoholism or other drug addiction and is likely to…”
People v. Demsco, 2013 IL App (3d) 120391 (Ill. App. Ct. 2013). · cites it 5× “On appeal, defendant argues that the trial court abused its discretion in failing to sentence him to TASC probation under the Alcoholism and Other Drug Abuse and Dependency Act (Act) (20 ILCS 301/40-10 (West 2010)). We reverse and remand for further proceedings.”
People v. Miller, 2014 IL App (2d) 120873 (Ill. App. Ct. 2014). “See generally 20 ILCS 301/40-10 (West 2010). Observing that she forfeited her claim by failing to preserve it in the trial court, defendant argues that this court should nevertheless consider the issue pursuant to the plain-error doctrine.”
People v. Miller, 2014 IL App (2d) 120873 (Ill. App. Ct. 2014). “See generally 20 ILCS 301/40-10 (West 2010). Observing that she forfeited her claim by failing to preserve it in the trial court, defendant argues that this court should nevertheless consider the issue pursuant to the plain-error doctrine.”
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). “See 20 ILCS 301/40-10(e) (West 2006). In May 2013, after plaintiff's TASC probation had been completed successfully, plaintiff's motion to vacate the convictions and to dismiss the criminal proceedings was granted by agreement.”
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). “See 20 ILCS 301/40-10(e) (West 2006). In May 2013, after plaintiff’s TASC probation had been completed successfully, plaintiff’s motion to vacate the convictions and to dismiss the criminal proceedings was granted by agreement.”
People v. Hare, 2022 IL App (2d) 190848 (Ill. App. Ct. 2022). “” 20 ILCS 301/40-10(a) (West 2018). In construing a predecessor statute to the Act, our supreme court has held that the Act “requires the trial judge to inform every defendant whom he knows or has reason to believe is an addict of the possibility of treatment under the Act.”
People v. Samuels, 2024 IL App (3d) 230782 (Ill. App. Ct. 2024). “t the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 1 or greater felony) classified as a Class 1 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she…”
People v. McKinzie, 2023 IL App (1st) 210431-U (Ill. App. Ct. 2023). · cites it 3× “20 ILCS 301/40-10(e) (West 2016). While defendant’s counsel indicated that he usually had the clerk’s office set such a motion for hearing on the date probation was scheduled to terminate, the circuit court instructed counsel that he would “need to come back because I need to…”
People v. Girot, 2023 IL App (4th) 220657-U (Ill. App. Ct. 2023). · cites it 3× “TASC Admonition -6- ¶ 17 Defendant argues the trial court erred by failing to advise him of his right to receive a TASC evaluation pursuant to section 40-10(a) of the Substance Use Disorder Act (Act) (20 ILCS 301/40-10(a) (West 2020)) because he was statutorily eligible to elect…”
People v. Allen (Ill. App. Ct. 2008). · cites it 4× “1 Section 40-10(a) of the Alcoholism and Other Drug Abuse and Dependency Act (Act) (20 ILCS 301/40-10 (West 2000)) provides, in relevant part, that: “If a court has reason to believe that an individual who is charged with or convicted with a crime suffers from alcoholism or…”
Show all 23 citing cases →
— 20 ILCS 301/40-10(a) — 7 cases
People v. Wallace, 772 N.E.2d 785 (Ill. App. Ct. 2002). “" 20 ILCS 301/40-10(a) (West 1994). Furthermore, "[i]f the individual elects to undergo treatment or is certified for treatment, the court shall order an examination by a designated program to determine whether he suffers from alcoholism or other drug addiction and is likely to…”
People v. Hare, 2022 IL App (2d) 190848 (Ill. App. Ct. 2022). “” 20 ILCS 301/40-10(a) (West 2018). In construing a predecessor statute to the Act, our supreme court has held that the Act “requires the trial judge to inform every defendant whom he knows or has reason to believe is an addict of the possibility of treatment under the Act.”
People v. Girot, 2023 IL App (4th) 220657-U (Ill. App. Ct. 2023). “TASC Admonition -6- ¶ 17 Defendant argues the trial court erred by failing to advise him of his right to receive a TASC evaluation pursuant to section 40-10(a) of the Substance Use Disorder Act (Act) (20 ILCS 301/40-10(a) (West 2020)) because he was statutorily eligible to elect…”
People v. Handy, 664 N.E.2d 1042 (Ill. App. Ct. 1996).
People v. Lampe, 2020 IL App (3d) 180425-U (Ill. App. Ct. 2020).
— 20 ILCS 301/40-10(b) — 4 cases
People v. Wallace, 772 N.E.2d 785 (Ill. App. Ct. 2002). “" 20 ILCS 301/40-10(a) (West 1994). Furthermore, "[i]f the individual elects to undergo treatment or is certified for treatment, the court shall order an examination by a designated program to determine whether he suffers from alcoholism or other drug addiction and is likely to…”
People v. Demsco, 2013 IL App (3d) 120391 (Ill. App. Ct. 2013). “On appeal, defendant argues that the trial court abused its discretion in failing to sentence him to TASC probation under the Alcoholism and Other Drug Abuse and Dependency Act (Act) (20 ILCS 301/40-10 (West 2010)). We reverse and remand for further proceedings.”
People v. Econ. (Ill. App. Ct. 1997).
People v. Wallace (Ill. App. Ct. 2002).
— 20 ILCS 301/40-10(c) — 1 case
People v. Girot, 2023 IL App (4th) 220657-U (Ill. App. Ct. 2023). “TASC Admonition -6- ¶ 17 Defendant argues the trial court erred by failing to advise him of his right to receive a TASC evaluation pursuant to section 40-10(a) of the Substance Use Disorder Act (Act) (20 ILCS 301/40-10(a) (West 2020)) because he was statutorily eligible to elect…”
— 20 ILCS 301/40-10(e) — 5 cases
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). “See 20 ILCS 301/40-10(e) (West 2006). In May 2013, after plaintiff's TASC probation had been completed successfully, plaintiff's motion to vacate the convictions and to dismiss the criminal proceedings was granted by agreement.”
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). “See 20 ILCS 301/40-10(e) (West 2006). In May 2013, after plaintiff’s TASC probation had been completed successfully, plaintiff’s motion to vacate the convictions and to dismiss the criminal proceedings was granted by agreement.”
People v. McKinzie, 2023 IL App (1st) 210431-U (Ill. App. Ct. 2023). “20 ILCS 301/40-10(e) (West 2016). While defendant’s counsel indicated that he usually had the clerk’s office set such a motion for hearing on the date probation was scheduled to terminate, the circuit court instructed counsel that he would “need to come back because I need to…”
People v. Scruggs, 2020 IL App (4th) 180074-U (Ill. App. Ct. 2020).
People v. Perkins, 2021 IL App (1st) 200421-U (Ill. App. Ct. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.