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Full Text of SB0080  100th General Assembly

SB0080 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0080

 

Introduced 1/12/2017, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the 24/7 Sobriety and Drug Monitoring Program Act. Provides that there is created a statewide 24/7 sobriety and drug monitoring program administered by the probation department in counties that have adopted the program. Provides that a court in a participating county, as a condition of bond, pretrial release, sentence, suspended sentence, probation, or conditional discharge, may: (1) require a person who has been charged, pled guilty, or convicted of a crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime to abstain from alcohol or drugs for a specific period of time; and (2) require the person to be subject to testing to determine the presence of alcohol or drugs in his or her body: (A) at least twice a day at a central location where immediate sanctions may be applied; (B) if twice a day testing creates a documented hardship or is geographically impractical by an alternate method as determined by the court and consistent with this Section in which timely sanctions may be effectively applied; or (C) if testing only for drugs, as frequently as practicable, as determined by the court. Provides that the Division of Probation Services of the Supreme Court shall assist in the creation and administration of the 24/7 sobriety and drug monitoring program in the manner provided in this Act in the participating counties. Provides that the Division shall also assist participating counties in which a 24/7 program exists in determining alternatives to incarceration. Provides that the probation department in the participating county may designate a third party to provide the testing services. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 24/7
5Sobriety and Drug Monitoring Program Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Division" means the Division of Probation Services of the
8Supreme Court.
9    "Immediate sanction" means a sanction that is applied
10within minutes of a noncompliant test event.
11    "Participating county" means a county that chooses to
12participate in a 24/7 program.
13    "Probation department" means the probation department of
14any participating county.
15    "Testing" means a procedure for determining the presence
16and level of alcohol or a drug in a person's breath or body
17fluid, including blood, urine, saliva, or perspiration, and
18includes any combination of the use of breath testing, drug
19patch testing, urine analysis testing, saliva testing, or
20continuous or transdermal alcohol monitoring, and includes use
21of alternate body fluids and testing methodologies consistent
22with Section 10 of this Act, which may be approved for use.
23    "24/7 sobriety and drug monitoring program" or "24/7

 

 

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1program" means the 24/7 sobriety and drug monitoring program
2under Section 10 of this Act.
3    "Timely sanction" means a sanction applied within hours or
4days after a noncompliant test event, but the period of time
5must be as short as possible and may not exceed 5 days.
 
6    Section 10. Sobriety and drug monitoring program created.
7    (a) There is created a statewide 24/7 sobriety and drug
8monitoring program administered by the probation department in
9counties that have adopted the program.
10    (b) A court in a participating county, as a condition of
11bond, pretrial release, sentence, suspended sentence,
12probation, or conditional discharge, may:
13        (1) require a person who has been charged, pled guilty,
14    or convicted of a crime in which the abuse of alcohol or
15    drugs was a contributing factor in the commission of the
16    crime to abstain from alcohol or drugs for a specific
17    period of time; and
18        (2) require the person to be subject to testing to
19    determine the presence of alcohol or drugs in his or her
20    body:
21            (A) at least twice a day at a central location
22        where immediate sanctions may be applied; or
23            (B) if twice a day testing creates a documented
24        hardship or is geographically impractical by an
25        alternate method as determined by the court and

 

 

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1        consistent with this Section in which timely sanctions
2        may be effectively applied; or
3            (C) if testing only for drugs, as frequently as
4        practicable, as determined by the court.
5    (c)(1) The core components of the statewide 24/7 program
6must include use of a primary testing methodology for the
7presence of alcohol or drugs that:
8        (A) best facilitates the ability to apply immediate
9    sanctions for noncompliance; and
10        (B) is available at an affordable cost.
11    (2) In cases of hardship or when a program participant is
12rewarded with less stringent testing requirements, testing
13methodologies with timely sanctions for noncompliance may be
14utilized. For purposes of this subsection, hardship shall be
15determined by documentation and consideration of the following
16factors, including whether:
17        (A) a continuous remote transdermal alcohol monitoring
18    device is available;
19        (B) the participant is capable of paying the fees and
20    costs associated with continuous remote transdermal
21    alcohol monitoring;
22        (C) the participant is capable of wearing the device;
23    and
24        (D) the participant does not qualify for twice-daily
25    breath tests because of one or more of the following:
26            (i) the participant lives in a rural area and

 

 

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1        submitting to twice-daily breath tests would be unduly
2        burdensome; or
3            (ii) the participant's employment requires job
4        performance at a location remote from the testing
5        location and submitting twice-daily breath tests would
6        be unduly burdensome.
7    (d) The Division shall assist in the creation and
8administration of the 24/7 sobriety and drug monitoring program
9in the manner provided in this Act in the participating
10counties. The Division shall also assist participating
11counties in which a 24/7 program exists in determining
12alternatives to incarceration.
13    (e) The probation department in the participating county
14may designate a third party to provide the testing services.
15    (f) The probation department of participating counties
16shall establish the testing locations.
 
17    Section 15. Administrative guidelines and testing fee.
18    (a) The Division shall adopt guidelines for the
19implementation and administration of a 24/7 program by a county
20probation department. The guidelines must:
21        (1) provide for the nature and manner of testing and
22    the procedures and apparatus to be used for testing;
23        (2) recommend reasonable participant, enrollment, and
24    testing fees for the program, including the collection of
25    fees to pay the cost of installation, monitoring, and

 

 

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1    deactivation of any testing device. The recommended fees
2    shall be as low as possible, but shall be set so that the
3    total of the fees and other funds credited to the local
4    program account defray the entire expense of the program,
5    including costs to the Division;
6        (3) recommend that participating counties be allowed
7    to accept gifts or donations, or apply for any available
8    public or private grants to support 24/7 program
9    activities, including those opportunities available under
10    23 U.S.C. 405;
11        (4) recommend a process for determination, management,
12    and funding of indigent participants;
13        (5) recommend procedures for the establishment and use
14    of local program accounts for the deposit of fees collected
15    under the 24/7 program; and
16        (6) identify program best practices as recognized by
17    leaders with significant experience implementing 24/7
18    sobriety programs in other states. The best practices
19    should include suggested sanctions for program
20    noncompliance and violations.
21    (b) The final rules and procedures applicable to any 24/7
22sobriety program shall be those adopted by the county board in
23participating counties.
 
24    Section 20. Data management system.
25    (a) The Division shall make recommendations to

 

 

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1participating counties regarding a 24/7 sobriety and drug
2monitoring program data management system to manage testing,
3test events, test results, data access, fees, fee payments, and
4any required reports.
5    (b) The data management system may include, but is not
6limited to, the following:
7        (1) a secure management application;
8        (2) support of breath testing, continuous remote
9    transdermal alcohol monitoring, drug patch testing, and
10    urinalysis testing;
11        (3) capability of tracking and storing events,
12    including but not limited to, participant enrollment,
13    testing activity, accounting activity, and participating
14    agency activity; and
15        (4) capability of generating reports of system fields
16    and data, and allow reports to be generated as needed and
17    on a scheduled basis.
18    (c) The data management system must contain sufficient
19security protocols to protect a person's personal information
20from unauthorized use.
 
21    Section 25. Authority of court to order participation in
22sobriety and drug monitoring program.
23    (a) Any county may utilize the 24/7 program.
24    (b) Except when a convicted offender is subject to a
25mandatory minimum period of incarceration, a court in any

 

 

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1participating county may stay any sanctions imposed against an
2offender while the offender is in compliance with the 24/7
3program.
4    (c) When a person charged with or convicted of any crime in
5which the abuse of alcohol or drugs was a contributing factor
6in the commission of the crime, including the offense of
7driving under the influence of alcohol or drugs, the court in
8any participating county may condition the granting of any
9bond, pretrial release, sentence, suspended sentence,
10probation, or conditional discharge upon participation in the
1124/7 sobriety and drug monitoring program and payment of the
12fees required by Section 30.
13    (d) When a person has been charged with the offense of
14driving under the influence of alcohol or drugs in a
15participating county, and the person is released on bond
16without appearing before a judge, at that person's first court
17appearance a judge may impose a requirement of participation in
18a 24/7 sobriety and drug monitoring program as a condition of
19continued release on bond.
20    (e) A court order requiring a person to participate in a
2124/7 sobriety and drug monitoring program under this Act shall
22be independent of and shall create no limitations on the
23authority of the Secretary of State to impose sanctions on that
24person's driving privileges.
 
25    Section 30. Collection, distribution, and use of testing

 

 

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1fees.
2    (a) Other than fees paid directly to an entity providing a
3transdermal alcohol monitoring device or other detection or
4testing mechanism, the probation department of a participating
5county shall collect all fees required by the county board and
6deposit the fees into the county's 24/7 program account or any
7other account as directed by the county board.
8    (b) Five percent of all fees collected by the probation
9department shall be remitted to the Division to offset its
10costs in the administration of this program. All remaining fees
11collected by the probation department shall be used by the
12county to pay for expenses incurred in the creation and
13operation of the 24/7 program.
 
14    Section 35. Noncompliance.
15    (a) Upon failure of a person to submit to or pass a test
16under the 24/7 program, a peace officer or probation officer
17shall complete a written statement establishing that the
18person, in the judgment of the officer, violated a condition of
19release or a condition of the 24/7 program by failing to submit
20to or pass a test. A peace officer shall immediately arrest the
21person without warrant after completing or receiving the
22written statement.
23    (b) A person taken into custody under this Section shall
24appear before a court within a reasonable time and shall not be
25released unless the person has made a personal appearance

 

 

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1before a court.
 
2    Section 40. Program coordinator and management group.
3    (a) The Division shall designate one or more persons to be
4its 24/7 program coordinator.
5    (b) The Division shall establish a 24/7 sobriety and drug
6monitoring program management group. The group must include:
7        (1) a representative of the Division;
8        (2) 2 representatives from participating counties, one
9    from a rural county and one from an urban county;
10        (3) a representative of the circuit court judges;
11        (4) a representative of appellate court judges;
12        (5) a representative of the prosecutorial bar; and
13        (6) a representative of the criminal defense bar.
14    (c) The Director of the Division and the 24/7 coordinator
15shall meet at least annually with the 24/7 sobriety and drug
16monitoring program management group to review the program and
17administrative guidelines.
 
18    Section 45. Pre-existing programs. Any county that has in
19place a sobriety and drug monitoring program at the time of the
20effective date of this Act may continue to operate that program
21without being subject to the provisions of this Act.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act