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| | SB2668 Engrossed | | LRB098 15186 RLC 50171 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-7-2.5 as follows:
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| 6 | | (730 ILCS 5/3-7-2.5)
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| 7 | | Sec. 3-7-2.5. Zero tolerance drug policy.
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| 8 | | (a) Any person employed by the Department of Corrections |
| 9 | | who tests positive
in
accordance with established Departmental |
| 10 | | drug testing procedures for any
substance
prohibited by the |
| 11 | | Cannabis Control Act, the Illinois Controlled Substances
Act, |
| 12 | | or the Methamphetamine Control and Community Protection Act |
| 13 | | shall be
discharged from employment. Refusal to submit to a |
| 14 | | drug test, ordered in
accordance
with Departmental procedures, |
| 15 | | by any person employed by the Department shall be
construed as |
| 16 | | a positive test, and the person shall be discharged from
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| 17 | | employment.
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| 18 | | Testing of employees shall be conducted in accordance with |
| 19 | | established
Departmental drug testing procedures. Changes to |
| 20 | | established drug testing
procedures
that are inconsistent with |
| 21 | | the federal guidelines specified in the Mandatory
Guidelines |
| 22 | | for
Federal Workplace Drug Testing Program, 59 FR 29908, or |
| 23 | | that affect
terms and conditions of employment, shall be |
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| | SB2668 Engrossed | - 2 - | LRB098 15186 RLC 50171 b |
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| 1 | | negotiated with an exclusive
bargaining
representative in |
| 2 | | accordance with the Illinois Public Labor Relations Act.
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| 3 | | (1) All samples used for the purpose of drug testing |
| 4 | | shall be collected by
persons who have at least 15 40 hours |
| 5 | | of initial training in the proper collection
procedures and |
| 6 | | at least 8 hours of annual follow-up training. Proof of |
| 7 | | this
training shall be available upon request. In order to |
| 8 | | ensure that these
persons
possess the necessary knowledge, |
| 9 | | skills, and experience to carry out their
duties,
their |
| 10 | | training must include guidelines and procedures on |
| 11 | | maintaining the integrity of the collection process, |
| 12 | | ensuring the privacy of employees being tested, ensuring |
| 13 | | the security of the specimen, and avoiding conduct or |
| 14 | | statements that could be viewed as offensive or |
| 15 | | inappropriate. Proficiency in the proper collection |
| 16 | | process must be demonstrated prior to certification used |
| 17 | | for the collection
process and must also incorporate |
| 18 | | training on the appropriate interpersonal
skills
required |
| 19 | | during the collection process.
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| 20 | | (2) With respect to any bargaining unit employee, the |
| 21 | | Department shall
not initiate discipline of any employee |
| 22 | | who authorizes the testing of a split
urine
sample in |
| 23 | | accordance with established Departmental drug testing |
| 24 | | procedures
until
receipt by the Department of the test |
| 25 | | results from the split urine sample
evidencing a positive |
| 26 | | test for any substance prohibited by the Cannabis Control
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| | SB2668 Engrossed | - 3 - | LRB098 15186 RLC 50171 b |
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| 1 | | Act, the Illinois Controlled Substances Act, or the |
| 2 | | Methamphetamine Control and Community Protection Act.
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| 3 | | (b) Any employee discharged in accordance with the |
| 4 | | provisions of subsection
(a)
shall not be eligible for rehire |
| 5 | | by the Department.
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| 6 | | (Source: P.A. 94-556, eff. 9-11-05.)
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| 7 | | Section 99. Effective date. This Act takes effect July 1, |
| 8 | | 2014.
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