Exclusively Practicing Criminal Defense for
Two Decades
David Olshansky

TASC Probation (For People With Addictions to Drugs and Alcohol)

The legislation has declared that the abuse and misuse of alcohol and other drugs constitutes a serious public health problem the effects of which on public safety and the criminal justice system causes serious social and economic losses, as well as great human suffering.

In consideration of the social, economical, and criminal justice implications of not providing treatment to addicts and alcoholics the government has created a special probation that includes serious drug and alcohol counseling. Under a variety of circumstances this probation will be available for eligible defendants who would normally not be eligible for probation, or normally would not receive probation based on the nature of their offense or criminal history.

An addict or alcoholic who is charged with or convicted of a crime may elect treatment under the supervision of a licensed program unless: the crime is a crime of violence; the crime is Possession of a Controlled Substance with Intent to Deliver or Manufacture, where the person electing treatment has been previously convicted of a non-probationable felony or the violation is non-probationable, Controlled Substances Trafficking; the person has a record of 2 or more convictions of a crime of violence; Other criminal proceedings alleging commission of a felony are pending against the person; the person is on probation or parole and the appropriate parole or probation authority does not consent to that election; the person elected and was admitted to a designated treatment program on 2 prior occasions within any consecutive 2-year period; the person has been convicted of Residential Burglary and has a record of one or more felony convictions; the offense charged is Driving Under the Influence of Alcohol; or, the crime is a Reckless Homicide or a Reckless Homicide of an Unborn Child 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.

Importantly, a defendant is eligible for TASC where normally they would not be eligible for probation because they have been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which they are to be sentenced. 730 ILCS 5/5-5-(c)(2)(f).

Another benefit of TASC probation is that upon successful completion, if the defendant is otherwise eligible for expungement, if all procedures are properly followed, and their criminal history allows it, the defendant can petition to expunge the offense for which they received TASC from his record.