For many people charged with a crime in Will County, the charge is not really the problem — the addiction behind it is. Illinois law recognizes that. Under Article 40 of the Substance Use Disorder Act, an eligible defendant whose substance use is connected to the offense can ask to be sentenced to probation built around treatment instead of jail or prison. Because the assessment and supervision are usually handled by TASC — Treatment Alternatives for Safe Communities — this sentence is almost universally called TASC probation.
Completed successfully, TASC probation can end with the conviction vacated and the case dismissed. But it has strict eligibility bars, it is not available for DUI, and the law that governs it changes on January 1, 2027. Here is how TASC probation works in Illinois today, and what is about to change.
What Is TASC Probation?
TASC probation is a sentence of probation under 20 ILCS 301/40-10 in which substance use disorder treatment, supervised by a state-licensed “designated program,” is a condition of probation. TASC is the statewide not-for-profit that serves as that designated program in Illinois courts, including the Twelfth Judicial Circuit in Will County: it screens and assesses defendants, reports its findings to the judge, and monitors treatment and compliance alongside the probation department.
The law itself sits in two sections. Section 40-5 lets an eligible defendant elect treatment, and Section 40-10 lets the court make that treatment a condition of probation. Until 2019 the statute was called the Alcoholism and Other Drug Abuse and Dependency Act, which is why older court paperwork cites it by that name.
Who Is Eligible for TASC Probation in Illinois?
Eligibility starts with the defendant: a person with a substance use disorder who is charged with or convicted of a crime may elect treatment under 20 ILCS 301/40-5. There must also be a real connection between the substance use and the offense — the court can refuse TASC probation if it finds no significant relationship between the two. The statute then lists who cannot elect it. A defendant is not eligible if:
- The charge is a crime of violence — murder, voluntary manslaughter, criminal sexual assault, robbery, armed robbery, arson, kidnapping, aggravated battery, or any other felony involving the use or threat of physical force
- The charge is one of the listed serious drug offenses — including large-quantity manufacture, delivery, or possession, trafficking, and other non-probationable charges under the Illinois Controlled Substances Act, along with specified Cannabis Control Act and methamphetamine offenses
- The charge is stalking
- The person has two or more prior convictions for a crime of violence
- Other felony charges are pending against the person
- The person is on probation or parole and the supervising authority does not consent
- The person elected and was admitted to a designated program twice within any two-year period
- The person has been convicted of residential burglary and has one or more felony convictions on record
- The charge is DUI under 625 ILCS 5/11-501, or a reckless homicide caused by impaired driving
The DUI exclusion surprises people more than any other. A DUI is substance-related almost by definition, but the legislature carved it out of Article 40 entirely; DUI cases run through the Illinois Vehicle Code’s own evaluation, treatment, and supervision requirements instead. Our DUI defense page explains how those cases work.
One more point: the court can order treatment as a condition of probation when an assessment shows it is medically necessary, whether or not the defendant elected it.
How TASC Probation Works, Step by Step
- Election and assessment. The defendant elects treatment, and the court orders an assessment by the designated program to determine whether the person has a substance use disorder and is likely to be rehabilitated through treatment.
- The court’s decision. If the report supports it, the court places the person on probation under the supervision of the designated program and the probation department — unless it finds no significant relationship between the substance use and the crime, or that imprisonment is necessary to protect the public, and states its reasons on the record.
- Conviction comes first, under current law. Under the statute in effect through December 31, 2026, no one can be placed under the designated program’s supervision before a judgment of conviction is entered. TASC probation today is a sentence that follows a guilty plea or finding of guilt.
- Treatment and supervision. The probation term cannot exceed the maximum sentence for the offense or five years, whichever is less. The program decides the treatment — anything from outpatient counseling to residential care — and reports progress and violations to the court. Failing to follow the program’s requirements is a probation violation.
- Completion and vacatur. When probation is completed successfully, the court discharges the person. If the person has no prior felony conviction and has never before had a judgment vacated under this section, the court, on motion, shall vacate the conviction and dismiss the proceedings unless it finds the motion should not be granted. Absent good cause, that motion must be filed no later than 60 days after discharge.
The Payoff: A Vacated Conviction and a Path to Expungement
The vacatur is what makes TASC probation worth fighting for. Once the judgment is vacated and the case dismissed, the conviction no longer stands. Illinois expungement law then treats a TASC probation that ended in a vacated judgment as eligible for expungement, generally five years after the probation was successfully completed. Our expungement and record sealing page covers that process.
The 60-day window is the trap. Under current law the vacatur is not automatic — it requires a motion. Miss the deadline without good cause and the conviction can stand even though every requirement of probation was met.
TASC vs. Second Chance Probation and Section 410
Illinois has several probation programs that can end without a conviction, and the right one depends on the charge and the defendant’s record. Section 410 probation (720 ILCS 570/410) covers first-time drug possession. Second Chance Probation (730 ILCS 5/5-6-3.4) covers certain first-time non-violent felonies and requires the State’s Attorney’s consent. Weapons possession cases have their own program, first offender gun probation.
TASC is the one built around addiction. It is not limited to first offenses — it reaches a broader range of charges and defendants, as long as the substance use disorder is tied to the offense and none of the statutory bars apply. The vacatur at the end, however, is reserved for people with no prior felony conviction.
What Changes on January 1, 2027
Public Act 104-0829, enacted by the 104th General Assembly and effective January 1, 2027, rewrites Article 40. Three changes matter most:
- A new name for the service. Treatment supervision becomes “specialized case management,” and Article 40 is retitled Substance Use Disorder Services for Criminal Justice Clients.
- Deferred judgment. With the defendant’s consent, the court may impose probation under Section 40-10 without entering a judgment, and dismiss the case when probation is completed — replacing today’s convict-then-vacate procedure. The sentence is not a conviction unless and until a judgment is entered after a violation.
- Pretrial use. New Section 40-25 allows specialized case management to be made a condition of pretrial release.
The eligibility bars carry forward. If your case is pending as the new year approaches, timing may matter — ask your attorney how the change applies to you.
Why Your Attorney Matters in a TASC Case
TASC probation is a judge’s decision built on an assessment, a record, and a credible case that this person will succeed in treatment. Attorney Jack Zaremba is a former Will County prosecutor and former Illinois Assistant Attorney General who has seen these requests from both sides of the courtroom in Joliet. He knows how to present a client as the person Article 40 was written for, how to protect eligibility, and how to make sure the vacatur motion is filed on time when probation ends. Learn more about our drug crime defense, or contact the Law Offices of Jack L. Zaremba in Joliet for a free consultation.
Frequently Asked Questions
What is TASC probation in Illinois?
TASC probation is probation under 20 ILCS 301/40-10 that makes substance use disorder treatment, supervised by a designated program such as TASC (Treatment Alternatives for Safe Communities), a condition of the sentence. It is for defendants whose substance use is connected to the offense.
Does TASC probation go on your record?
Under current law, TASC probation follows a conviction. But if you complete it, have no prior felony conviction, and have never had a judgment vacated under the section, the court shall vacate the conviction on a motion filed within 60 days of discharge. A vacated TASC case is generally eligible for expungement five years after probation ends.
Who is not eligible for TASC probation?
Defendants charged with a crime of violence, listed serious drug offenses, stalking, DUI, or impaired-driving reckless homicide; people with two or more prior violent convictions or pending felony charges; people on probation or parole without the supervising authority’s consent; anyone admitted to a designated program twice within two years; and people with a residential burglary conviction plus another felony.
Can you get TASC probation for a DUI in Illinois?
No. Section 40-5 excludes DUI under 625 ILCS 5/11-501 and similar local ordinances. DUI cases use the Vehicle Code’s own evaluation and treatment requirements instead.
How long is TASC probation?
The term cannot exceed the maximum sentence for the offense or five years, whichever is less. The court sets the actual length, and the program determines the level of treatment.
What changes for TASC probation in 2027?
Public Act 104-0829, effective January 1, 2027, renames the service specialized case management, lets the court impose probation without entering a judgment and dismiss the case on completion, and allows the service as a condition of pretrial release.
This post is for informational purposes only and does not constitute legal advice. Results vary by case.