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 13shallbe 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. HB1862 Engrossed -2- LRB093 06048 RLC 06151 b 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 HB1862 Engrossed -3- LRB093 06048 RLC 06151 b 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 HB1862 Engrossed -4- LRB093 06048 RLC 06151 b 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.)