Alternative Sentencing Options for Drug Cases in Illinois

W. Scott Hanken — Wed, 16 Feb 2022 22:03:30 GMT

The impact of a drug case on an accused individual can be significant. To prevent the entire course of the accused individual’s life from changing and being derailed because of a drug arrest, accused individuals should be familiar with drug crime defense options and alternative sentencing options.

Alternatives to Time Behind Bars

Illinois offers several paths that can help someone facing a drug charge avoid a standard prison sentence — some by resolving the case without a conviction at all, others by reducing time behind bars through treatment or supervision instead.

TASC (Treatment Alternatives for Safe Communities)

TASC is a nonprofit organization with offices across Illinois, including Sangamon County, that provides case management and treatment services for people with substance use disorders who are involved in the criminal justice system. Under TASC probation, a defendant can ask the court for treatment instead of jail or prison. Eligibility generally requires a documented connection between the person’s substance use and the offense, and TASC probation is generally not available for violent crimes.

Section 410 Probation

Under Section 410 of the Illinois Controlled Substances Act (720 ILCS 570/410), a person with no prior felony drug conviction who pleads guilty to or is found guilty of simple possession of a controlled substance may be sentenced to a 24-month term of probation without the court entering a judgment of conviction. Conditions include not committing new offenses, not possessing a firearm, submitting to drug testing at least three times, and completing at least 30 hours of community service. If the person successfully completes probation, the court discharges the person and dismisses the case — it is never entered as a conviction, and the case then becomes eligible for expungement.

Second Chance Probation

Second Chance Probation (730 ILCS 5/5-6-3.4) offers similar protections to Section 410 probation but requires the prosecutor’s consent before the court can grant it.

Drug Court

Illinois’s Drug Court Treatment Act (730 ILCS 166) allows the chief judge of each judicial circuit to establish a drug court program — a structured judicial track that combines substance abuse treatment, case management, and close court supervision in place of a standard prosecution and sentence.

Impact Incarceration (“Boot Camp”)

The impact incarceration program (730 ILCS 5/5-8-1.1), sometimes called “boot camp,” is a shorter, more intensive alternative to a standard prison sentence for some eligible offenders. If a participant successfully completes the program, their sentence is reduced to time served.

It may also be possible to seek a plea arrangement or other negotiated outcome that leads to probation rather than incarceration. Which of these options is available — and which makes sense — depends on the specific charge, the person’s criminal history, and the facts of the case.

Frequently Asked Questions (FAQs)

Is TASC probation the same as drug court?

No. TASC is a treatment-and-case-management organization that courts can refer people to as a condition of probation, while drug court is a separate, specialized court track built around judicial supervision. The two are often used together but are not the same program.

Do I have to plead guilty to get Section 410 probation?

Yes. Section 410 probation requires pleading guilty to or being found guilty of the underlying possession charge. The court does not enter a formal judgment of conviction if probation is completed successfully.

What’s the difference between Section 410 probation and Second Chance Probation?

Both can keep a conviction off your record, but Second Chance Probation requires the prosecutor’s consent, while Section 410 probation does not.

Will my case be automatically expunged once I complete an alternative sentencing program?

No. Completing a program like Section 410 probation or Second Chance Probation makes a case eligible for expungement — a separate expungement petition still has to be filed afterward.

Do I need a lawyer to pursue one of these options?

These options generally have to be requested and negotiated before a plea is entered, so involving an attorney early matters. Going in without one risks losing access to programs like Section 410 probation, Second Chance Probation, or drug court.

Drug Sentencing - W. Scott Hanken, Attorney at Law

Alternative Sentencing Options for Drug Cases in Illinois

Alternatives to Time Behind Bars

TASC (Treatment Alternatives for Safe Communities)

Section 410 Probation

Second Chance Probation

Drug Court

Impact Incarceration (“Boot Camp”)

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

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