093_HB1862eng

 
HB1862 Engrossed                     LRB093 06048 RLC 06151 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Code of Criminal Procedure of 1963 is
 5    amended by changing Section 110-6.5 as follows:

 6        (725 ILCS 5/110-6.5)
 7        Sec. 110-6.5.  Drug testing program. The Chief  Judge  of
 8    the  circuit may establish a drug testing program as provided
 9    by this Section in any county in the circuit  if  the  county
10    board  has  approved the establishment of the program and the
11    county probation department or pretrial services  agency  has
12    consented  to  administer  it.  The drug testing program must
13    shall be conducted under the following provisions:
14        (a)  The court, in the case of a defendant charged with a
15    felony offense or any offense  involving  the  possession  or
16    delivery of cannabis or a controlled substance, shall:
17             (1)  not  consider  the  release of the defendant on
18        his  or  her  own  recognizance,  unless  the   defendant
19        consents  to  periodic  drug testing during the period of
20        release on his or her  own  recognizance,  in  accordance
21        with this Section;
22             (2)  consider   the  consent  of  the  defendant  to
23        periodic drug testing during the  period  of  release  on
24        bail  in  accordance  with  this  Section  as a favorable
25        factor for the defendant in  determining  the  amount  of
26        bail,  the  conditions  of  release or in considering the
27        defendant's motion to reduce the amount of bail.
28        (b)  The drug testing shall be conducted by the  pretrial
29    services  agency  or  under  the  direction  of the probation
30    department when a pretrial services agency does not exist  in
31    accordance with this Section.
 
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 1        (c)  A defendant who consents to periodic drug testing as
 2    set  forth  in  this Section shall sign an agreement with the
 3    court that, during the period of release, the defendant shall
 4    refrain from using illegal drugs and that the defendant  will
 5    comply  with  the  conditions  of  the  testing program.  The
 6    agreement shall be on a form  prescribed  by  the  court  and
 7    shall  be  executed  at  the  time of the bail hearing.  This
 8    agreement shall be made a specific condition of bail.
 9        (d)  The drug  testing  program  shall  be  conducted  as
10    follows:
11             (1)  The testing shall be done by urinalysis for the
12        detection  of  phencyclidine,  heroin, cocaine, methadone
13        and amphetamines.
14             (2)  The collection of samples  shall  be  performed
15        under reasonable and sanitary conditions.
16             (3)  Samples  shall be collected and tested with due
17        regard for the privacy of the individual being tested and
18        in   a   manner   reasonably   calculated   to    prevent
19        substitutions  or  interference  with  the  collection or
20        testing of reliable samples.
21             (4)  Sample collection shall be documented, and  the
22        documentation procedures shall include:
23                  (i)  Labeling  of  samples  so as to reasonably
24             preclude the probability of erroneous identification
25             of test results; and
26                  (ii)  An  opportunity  for  the  defendant   to
27             provide   information   on   the  identification  of
28             prescription  or  nonprescription  drugs   used   in
29             connection with a medical condition.
30             (5)  Sample  collection, storage, and transportation
31        to the place of testing  shall  be  performed  so  as  to
32        reasonably    preclude    the   probability   of   sample
33        contamination or adulteration.
34             (6)  Sample testing shall conform to  scientifically
 
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 1        accepted  analytical  methods  and  procedures.   Testing
 2        shall   include   verification  or  confirmation  of  any
 3        positive test result  by  a  reliable  analytical  method
 4        before  the result of any test may be used as a basis for
 5        any action by the court.
 6        (e)  The initial sample shall  be  collected  before  the
 7    defendant's release on bail.  Thereafter, the defendant shall
 8    report   to   the   pretrial  services  agency  or  probation
 9    department as required by  the  agency  or  department.   The
10    pretrial   services  agency  or  probation  department  shall
11    immediately notify the court of  any defendant who  fails  to
12    report for testing.
13        (f)  After  the  initial  test,  a  subsequent  confirmed
14    positive  test  result indicative of continued drug use shall
15    result in the following:
16             (1)  Upon the first confirmed positive test  result,
17        the  pretrial  services  agency  or probation department,
18        shall place the defendant  on  a  more  frequent  testing
19        schedule and shall warn the defendant of the consequences
20        of continued drug use.
21             (2)  A  second  confirmed positive test result shall
22        be grounds for a hearing before the judge who  authorized
23        the  release  of  the  defendant  in  accordance with the
24        provisions of subsection (g) of this Section.
25        (g)  The court shall, upon motion of the  State  or  upon
26    its  own  motion,  conduct  a  hearing in connection with any
27    defendant who fails to appear for testing, fails to cooperate
28    with the persons conducting the testing program, attempts  to
29    submit  a  sample  not  his or her own or has had a confirmed
30    positive test result indicative of continued drug use for the
31    second or  subsequent  time  after  the  initial  test.   The
32    hearing  shall be conducted in accordance with the procedures
33    of Section 110-6.
34        Upon  a  finding  by  the  court  that  the   State   has
 
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 1    established   by  clear  and  convincing  evidence  that  the
 2    defendant has violated the drug testing conditions  of  bail,
 3    the court may consider any of the following sanctions:
 4             (1)  increase  the amount of the defendant's bail or
 5        conditions of release;
 6             (2)  impose a jail sentence of up to 5 days;
 7             (3)  revoke the defendant's bail; or
 8             (4)  enter such other orders which  are  within  the
 9        power of the court as deemed appropriate.
10        (h)  The results of any drug testing conducted under this
11    Section   shall  not  be  admissible  on  the  issue  of  the
12    defendant's guilt in connection with any criminal charge.
13        (i)  The court may require that the defendant pay for the
14    cost of drug testing.
15    (Source: P.A. 88-677, eff. 12-15-94.)