People v. Demsco

Illinois Appellate Court
Criminal Court
Probation
Citation
Case Number: 
2013 IL App (3d) 120391
Decision Date: 
Friday, May 24, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
LYTTON
Defendant pled guilty to criminal damage to property, and sentenced him to 24 months probation. Court should have sentenced Defendant to TASC (Treatment Alternatives for Safe Communities) probation under Alcoholism and Other Drug Abuse and Dependency Act. TASC report stated that Defendant was eligible for treatment program, and noted there was nexus between his alcohol and drug abuse and his criminal activity, and that he was likely to be rehabilitated through treatment. Language of Act mandates TASC treatment unless court makes a specific determination that no significant relationship between Defendant's addiction and the crime or imprisonment is required to protect community. (WRIGHT and O'BRIEN, concurring.)