ILCS » Chapter 20 · Act 301
Illinois Compiled Statutes

20 ILCS 301/40-5 (2026)

Election of treatment

✓ current as of May 2026
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(20 ILCS 301/40-5)
    Sec. 40-5. Election of treatment. An individual with a substance use disorder who is charged with or convicted of a crime or any other person charged with or convicted of a misdemeanor violation of the Use of Intoxicating Compounds Act and who has not been previously convicted of a violation of that Act may elect treatment under the supervision of a program holding a valid intervention license for designated program services issued by the Department, referred to in this Article as "designated program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a),
    
401(b), 401(c) where the person electing treatment has been previously convicted of a non-probationable felony or the violation is non-probationable, 401(d) where the violation is non-probationable, 401.1, 402(a), 405 or 407 of the Illinois Controlled Substances Act, or Section 12-7.3 of the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control and Community Protection Act or is otherwise ineligible for probation under Section 70 of the Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions
    
of a crime of violence;
        (4) other criminal proceedings alleging commission of
    
a felony are pending against the person;
        (5) the person is on probation or parole and the
    
appropriate parole or probation authority does not consent to that election;
        (6) the person elected and was admitted to a
    
designated program on 2 prior occasions within any consecutive 2-year period;
        (7) the person has been convicted of residential
    
burglary and has a record of one or more felony convictions;
        (8) the crime is a violation of Section 11-501 of the
    
Illinois Vehicle Code or a similar provision of a local ordinance; or
        (9) the crime is a reckless homicide or a reckless
    
homicide of an unborn child, as defined in Section 9-3 or 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the cause of death consists of the driving of a motor vehicle by a person under the influence of alcohol or any other drug or drugs at the time of the violation.
    Nothing in this Section shall preclude an individual who is charged with or convicted of a crime that is a violation of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and Community Protection Act, and who is otherwise eligible to make the election provided for under this Section, from being eligible to make an election for treatment as a condition of probation as provided for under this Article.
(Source: P.A. 99-78, eff. 7-20-15; 100-759, eff. 1-1-19.)

    
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1998–2023 · 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 3× “Under the Alcoholism and Other Drug Abuse and Dependency Act (Act) (20 ILCS 301/1 et seq. (West 2002)), "[a]n addict or alcoholic who is charged with or convicted of a crime may elect treatment under the supervision of a licensed program * * *," unless he falls into one of the…”
People v. Wallace, 772 N.E.2d 785 (Ill. App. Ct. 2002). · cites it 2× “The State also argues that the trial court correctly determined that Wallace was ineligible to participate in TASC pursuant to section 40-5(7) of the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301/40-5(7) (West 1998)). According to section 40-5(7), an addict or…”
People v. Redmond, 828 N.E.2d 1206 (Ill. App. Ct. 2005). · cites it 2× “See 20 ILCS 301/40-5 (West 2002). Specifically, defendant contends that he was eligible for TASC probation and the court was obligated to present it as an alternative to a prison sentence.”
People v. Williams, 2012 IL App (2d) 110559 (Ill. App. Ct. 2012). · cites it 3× “He argues that he should be allowed to withdraw his plea, because the trial court, when admonishing defendant concerning the sentencing range, erroneously admonished him that he was eligible to elect treatment under section 40-5 of the Alcoholism and Other Drug Abuse and…”
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). · cites it 2× “The Board found that plaintiff was disqualified from receiving retirement benefits because he had a prior job-related felony conviction, even though the prior conviction had been vacated by the trial court pursuant to article 40 of the Alcoholism and Other Drug Abuse and…”
Hendricks v. Bd. of Trs. of the Police Pension Fund of the City of Galesburg, 2015 IL App (3d) 140858 (Ill. App. Ct. 2015). · cites it 2× “The Board found that plaintiff was disqualified from receiving retirement benefits because he had a prior job-related felony conviction, even though the prior conviction had been vacated by the trial court pursuant to article 40 of the Alcoholism and Other Drug Abuse and…”
People v. Hare, 2022 IL App (2d) 190848 (Ill. App. Ct. 2022). “¶ 19 In response, the State argues that the trial court did not err in failing to advise defendant of the possibility of electing probation and treatment under the Act, because defendant’s underlying conviction of felony domestic battery rendered him ineligible to elect…”
People v. Stewart, 2020 IL App (1st) 180014-U (Ill. App. Ct. 2020). “” 20 ILCS 301/40-5 et seq. (West 2016). -3- No.”
People v. Bramwell, 2022 IL App (2d) 200227-U (Ill. App. Ct. 2022). · cites it 2× “Defendant’s voluminous postconviction petition sought review of, inter alia, defendant’s 2022 IL App (2d) 200227-U enhanced Class X sentencing; the trial court’s determination that defendant was ineligible to elect probation and treatment under section 40-5 of the Alcoholism and…”
People v. Young (Ill. App. Ct. 2002). · cites it 6× “Alternatively, the State asserts the trial court did not err when it, using its discretion under the Alcoholism and Other Drug Abuse and Dependency Act (Treatment Alternatives Act) (20 ILCS 301/40-5 et seq. (West 1998)), sentenced defendant to TASC.”
People v. Girot, 2023 IL App (4th) 220657-U (Ill. App. Ct. 2023). · cites it 2× “¶ 23 Article 40 of the Act (20 ILCS 301/40-5 et seq. (West 2020)) provides a statutory scheme for the sentencing alternative of probation with substance abuse treatment (commonly referred to as TASC probation) for certain eligible criminal defendants.”
People v. Peppers (Ill. App. Ct. 2004). · cites it 3× “20 ILCS 301/40-5 (West 2002). One of the exceptions applies if "the person is on probation or parole and the appropriate parole or probation authority does not consent to that election.”
Show all 22 citing cases →
— 20 ILCS 301/40-5(1) — 2 cases
People v. Hare, 2022 IL App (2d) 190848 (Ill. App. Ct. 2022). “¶ 19 In response, the State argues that the trial court did not err in failing to advise defendant of the possibility of electing probation and treatment under the Act, because defendant’s underlying conviction of felony domestic battery rendered him ineligible to elect…”
People v. Young (Ill. App. Ct. 2002). “Alternatively, the State asserts the trial court did not err when it, using its discretion under the Alcoholism and Other Drug Abuse and Dependency Act (Treatment Alternatives Act) (20 ILCS 301/40-5 et seq. (West 1998)), sentenced defendant to TASC.”
— 20 ILCS 301/40-5(2) — 1 case
People v. Allen (Ill. App. Ct. 2008).
— 20 ILCS 301/40-5(3) — 1 case
People v. Williams, 2012 IL App (2d) 110559 (Ill. App. Ct. 2012). “He argues that he should be allowed to withdraw his plea, because the trial court, when admonishing defendant concerning the sentencing range, erroneously admonished him that he was eligible to elect treatment under section 40-5 of the Alcoholism and Other Drug Abuse and…”
— 20 ILCS 301/40-5(4) — 1 case
People v. Bramwell, 2022 IL App (2d) 200227-U (Ill. App. Ct. 2022). “Defendant’s voluminous postconviction petition sought review of, inter alia, defendant’s 2022 IL App (2d) 200227-U enhanced Class X sentencing; the trial court’s determination that defendant was ineligible to elect probation and treatment under section 40-5 of the Alcoholism and…”
— 20 ILCS 301/40-5(5) — 2 cases
People v. Peppers, 817 N.E.2d 1152 (Ill. App. Ct. 2004). “Under the Alcoholism and Other Drug Abuse and Dependency Act (Act) (20 ILCS 301/1 et seq. (West 2002)), "[a]n addict or alcoholic who is charged with or convicted of a crime may elect treatment under the supervision of a licensed program * * *," unless he falls into one of the…”
People v. Peppers (Ill. App. Ct. 2004). “20 ILCS 301/40-5 (West 2002). One of the exceptions applies if "the person is on probation or parole and the appropriate parole or probation authority does not consent to that election.”
— 20 ILCS 301/40-5(7) — 3 cases
People v. Wallace, 772 N.E.2d 785 (Ill. App. Ct. 2002). “The State also argues that the trial court correctly determined that Wallace was ineligible to participate in TASC pursuant to section 40-5(7) of the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301/40-5(7) (West 1998)). According to section 40-5(7), an addict or…”
People v. Wallace (Ill. App. Ct. 2002).
People v. Mobley (Ill. App. Ct. 2008).
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