Full Text of HB2751 99th General Assembly
HB2751ham001 99TH GENERAL ASSEMBLY | Rep. David Reis Filed: 3/23/2015
| | 09900HB2751ham001 | | LRB099 07808 KTG 32355 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2751
| 2 | | AMENDMENT NO. ______. Amend House Bill 2751 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 4-1.13 as follows: | 6 | | (305 ILCS 5/4-1.13 new) | 7 | | Sec. 4-1.13. Substance abuse treatment program. | 8 | | (a) As used in this Section: | 9 | | "Cannabis" has the same meaning ascribed to it in the | 10 | | Cannabis Control Act. | 11 | | "Controlled substance" means a controlled substance as | 12 | | defined in the Illinois Controlled Substances Act. | 13 | | "Methamphetamine" has the same meaning ascribed to it | 14 | | in the Methamphetamine Control and Community Protection | 15 | | Act. | 16 | | (b) As a condition of continued eligibility for benefits |
| | | 09900HB2751ham001 | - 2 - | LRB099 07808 KTG 32355 a |
|
| 1 | | provided under this Article, any recipient of benefits 18 years | 2 | | of age or older who is convicted of a misdemeanor violation of | 3 | | the Illinois Controlled Substances Act or the Cannabis Control | 4 | | Act shall participate in a substance abuse treatment program | 5 | | that has a duration of not less than one year and that is | 6 | | licensed by the Department of Human Services under the | 7 | | Alcoholism and Other Drug Abuse and Dependency Act. Any | 8 | | individual who fails to comply with this Section is subject to | 9 | | immediate termination of his or her benefits. Any individual | 10 | | who is convicted of a second or subsequent misdemeanor | 11 | | violation of the Illinois Controlled Substances Act or the | 12 | | Cannabis Control Act after participating in and completing a | 13 | | substance abuse treatment program as required under this | 14 | | subsection shall agree to periodic drug testing under the | 15 | | program established in subsection (c) as a condition of | 16 | | continued eligibility for benefits provided under this | 17 | | Article. | 18 | | (c) The Department shall develop and establish
a program to | 19 | | periodically test for the illegal use
of a controlled | 20 | | substance, cannabis, or methamphetamine by an individual who: | 21 | | (1) receives TANF assistance under this Article on | 22 | | behalf of a child; | 23 | | (2) is at least 18 years of age; and | 24 | | (3) is convicted of a second or subsequent misdemeanor | 25 | | violation of the Illinois Controlled Substances Act or the | 26 | | Cannabis Control Act after participating in and completing |
| | | 09900HB2751ham001 | - 3 - | LRB099 07808 KTG 32355 a |
|
| 1 | | a substance abuse treatment program as required under | 2 | | subsection (b).
| 3 | | The Department shall implement this program no later than July | 4 | | 1, 2016. | 5 | | (d) An individual described in subsection (c) shall take a | 6 | | substance abuse subtle screening inventory test administered | 7 | | in written or electronic form by a local office of the | 8 | | Department. | 9 | | (e) A local office of the Department shall provide the | 10 | | following information
in writing to an individual described in | 11 | | subsection (c): | 12 | | (1) The individual is required to take a written or | 13 | | electronic
substance abuse subtle screening inventory | 14 | | test. | 15 | | (2) The individual may be subject to random drug | 16 | | testing based on the results of the test described in | 17 | | paragraph (1) of this subsection. | 18 | | (3) The individual may be subject to drug testing if | 19 | | the local office of the Department believes, based on | 20 | | reasonable suspicion as set forth in
subsection (f), that | 21 | | the individual is engaged in the
illegal use of a | 22 | | controlled substance, cannabis, or methamphetamine. | 23 | | (4) If the individual tests positive on a drug test | 24 | | administered
under this Section, the individual may be | 25 | | ineligible: | 26 | | (A) for TANF assistance; and |
| | | 09900HB2751ham001 | - 4 - | LRB099 07808 KTG 32355 a |
|
| 1 | | (B) to receive TANF assistance on behalf of a | 2 | | child. | 3 | | (5) If the individual tests positive on a drug test | 4 | | administered
under this Section, the amount of the cost of | 5 | | the drug test shall
be withheld from any future TANF | 6 | | assistance the individual
receives if the individual | 7 | | continues to receive TANF
assistance. | 8 | | (6) If the individual tests positive on a drug test | 9 | | administered
under this Section, the amount of the cost of | 10 | | any subsequent
drug test the individual is required to | 11 | | undergo shall be
withheld from the TANF assistance the | 12 | | individual receives, if
the individual continues to | 13 | | receive TANF assistance,
regardless of whether the | 14 | | individual tests positive or tests
negative on the | 15 | | subsequent drug test. | 16 | | (f) A local office of the Department is considered to have | 17 | | reasonable
suspicion to believe that an individual is engaged | 18 | | in the illegal use
of a controlled substance, cannabis, or | 19 | | methamphetamine if one or more of the following apply: | 20 | | (1) The individual has been charged with an offense | 21 | | under
the Illinois Controlled Substances Act, the Cannabis | 22 | | Control Act, or the Methamphetamine Control and Community | 23 | | Protection Act. | 24 | | (2) The results of the substance abuse subtle screening
| 25 | | inventory test indicate that the individual is at risk for | 26 | | the
illegal use of a controlled substance, cannabis, or |
| | | 09900HB2751ham001 | - 5 - | LRB099 07808 KTG 32355 a |
|
| 1 | | methamphetamine. | 2 | | (3) The individual has previously failed a drug test
| 3 | | administered under this Section. | 4 | | (g) If a local office of the Department has knowledge that | 5 | | an individual has been
formally charged with an offense | 6 | | described in paragraph (1) of subsection (f), the
local office | 7 | | shall administer a drug test to the individual. | 8 | | (h) If a local office of the Department has reasonable | 9 | | suspicion to believe from
the results of a substance abuse | 10 | | subtle screening inventory test that an individual is engaged | 11 | | in the illegal use of a controlled substance, cannabis, or | 12 | | methamphetamine,
the individual shall be placed in the pool of | 13 | | individuals who are
subject to drug testing as described in | 14 | | subsection (j). | 15 | | (i) If a local office of the Department has reasonable | 16 | | suspicion to believe that an
individual is engaged in the | 17 | | illegal use of a controlled substance, cannabis, or | 18 | | methamphetamine as
the result of failing a drug test | 19 | | administered under this Section, the individual shall be placed | 20 | | in the pool of individuals who are subject
to random drug | 21 | | testing as described in subsection (k). | 22 | | (j) The Department shall administer a drug test to
at least | 23 | | 50% of the pool of individuals described in
subsection (h). An | 24 | | individual may not be tested more than once under this | 25 | | subsection. | 26 | | (k) The Department shall administer random drug
tests to |
| | | 09900HB2751ham001 | - 6 - | LRB099 07808 KTG 32355 a |
|
| 1 | | 50% of the pool of individuals described in
subsection (i) each | 2 | | month. | 3 | | (l) A local office of the Department shall provide a list | 4 | | of substance abuse
treatment programs licensed by the | 5 | | Department under the Alcoholism and Other Drug Abuse and | 6 | | Dependency Act to any individual who tests positive under this
| 7 | | Section. | 8 | | (m) An individual who tests positive under this Section
and | 9 | | provides evidence that he or she is participating in a | 10 | | substance
abuse treatment program shall continue to receive | 11 | | TANF
assistance. | 12 | | (n) The Department shall adopt any rules necessary to | 13 | | implement this Section. ".
|
|