SB2668 EnrolledLRB098 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

 

 

SB2668 Enrolled- 2 -LRB098 15186 RLC 50171 b

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.