98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2668
 
Introduced 1/21/2014, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 

 



730 ILCS 5/3-7-2.5

     Amends the Unified Code of Corrections.  Provides that all samples used for the purpose of drug testing of Department of Corrections employees shall be collected by
persons who have at least 15 (rather than 40) hours of initial training in the proper collection
procedures and at least 8 hours of annual follow-up training.  Provides that the training of persons who perform the drug testing must include guidelines and procedures on maintaining the integrity of the collection process, ensuring the privacy of employees being tested, ensuring the security of the specimen, and avoiding conduct or statements that could be viewed as offensive or inappropriate (rather than guidelines and procedures used for the collection
process and training on the appropriate interpersonal
skills
required during the collection process). Provides that proficiency in the proper collection process must be demonstrated prior to certification.  Effective July 1, 2014.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB2668LRB098 15186 RLC 50171 b


  
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 5. The Unified Code of Corrections is amended  by 
5changing Section 3-7-2.5 as follows:
 



6    (730 ILCS 5/3-7-2.5)



7    Sec. 3-7-2.5. Zero tolerance drug policy. 

8    (a) Any person employed by the Department of Corrections 
9who tests positive
in
accordance with established Departmental 
10drug testing procedures for any
substance
prohibited by the 
11Cannabis Control Act, the Illinois Controlled Substances
Act, 
12or the Methamphetamine Control and Community Protection Act 
13shall be
discharged from employment.  Refusal to submit to a 
14drug test, ordered in
accordance
with Departmental procedures, 
15by any person employed by the Department shall be
construed as 
16a positive test, and the person shall be discharged from

17employment.

18    Testing of employees shall be conducted in accordance with 
19established
Departmental drug testing procedures.  Changes to 
20established drug testing
procedures
that are inconsistent with 
21the federal guidelines specified in the Mandatory
Guidelines 
22for
Federal Workplace Drug Testing Program, 59 FR 29908, or 
23that affect
terms and conditions of employment, shall be 
 
 
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1negotiated with an exclusive
bargaining
representative in 
2accordance with the Illinois Public Labor Relations Act.


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.


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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1    Act, the Illinois Controlled Substances Act, or the 
2    Methamphetamine Control and Community Protection Act.

3    (b) Any employee discharged in accordance with the 
4provisions of subsection
(a)
shall not be eligible for rehire 
5by the Department.

6(Source: P.A. 94-556, eff. 9-11-05.)

 
 
7    Section 99. Effective date. This Act takes effect July 1, 
82014.