HB0207 100TH GENERAL ASSEMBLY

LRB100 03485 RLC 13490 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0207

Introduced , by Rep. Jay Hoffman

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the 24/7 Sobriety and Drug Monitoring Program Act.

Section 5. Definitions. As used in this Act:

"Division" means the Division of Probation Services of the Supreme Court.

"Immediate sanction" means a sanction that is applied within minutes of a noncompliant test event.

"Participating county" means a county that chooses to participate in a 24/7 program.

"Probation department" means the probation department of any participating county.

"Testing" means a procedure for determining the presence and level of alcohol or a drug in a person's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of breath testing, drug patch testing, urine analysis testing, saliva testing, or continuous or transdermal alcohol monitoring, and includes use of alternate body fluids and testing methodologies consistent with Section 10 of this Act, which may be approved for use.

"24/7 sobriety and drug monitoring program" or "24/7 program" means the 24/7 sobriety and drug monitoring program under Section 10 of this Act.

"Timely sanction" means a sanction applied within hours or days after a noncompliant test event, but the period of time must be as short as possible and may not exceed 5 days.

Section 10. Sobriety and drug monitoring program created.

(a) There is created a statewide 24/7 sobriety and drug monitoring program administered by the probation department in counties that have adopted the program.

(b) 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; or

(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.

(c)(1) The core components of the statewide 24/7 program must include use of a primary testing methodology for the presence of alcohol or drugs that:

(A) best facilitates the ability to apply immediate sanctions for noncompliance; and

(B) is available at an affordable cost.

(2) In cases of hardship or when a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized. For purposes of this subsection, hardship shall be determined by documentation and consideration of the following factors, including whether:

(A) a continuous remote transdermal alcohol monitoring device is available;

(B) the participant is capable of paying the fees and costs associated with continuous remote transdermal alcohol monitoring;

(C) the participant is capable of wearing the device; and

(D) the participant does not qualify for twice-daily breath tests because of one or more of the following:

(i) the participant lives in a rural area and submitting to twice-daily breath tests would be unduly burdensome; or

(ii) the participant's employment requires job performance at a location remote from the testing location and submitting twice-daily breath tests would be unduly burdensome.

(d) The Division 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. The Division shall also assist participating counties in which a 24/7 program exists in determining alternatives to incarceration.

(e) The probation department in the participating county may designate a third party to provide the testing services.

(f) The probation department of participating counties shall establish the testing locations.

Section 15. Administrative guidelines and testing fee.

(a) The Division shall adopt guidelines for the implementation and administration of a 24/7 program by a county probation department. The guidelines must:

(1) provide for the nature and manner of testing and the procedures and apparatus to be used for testing;

(2) recommend reasonable participant, enrollment, and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device. The recommended fees shall be as low as possible, but shall be set so that the total of the fees and other funds credited to the local program account defray the entire expense of the program, including costs to the Division;

(3) recommend that participating counties be allowed to accept gifts or donations, or apply for any available public or private grants to support 24/7 program activities, including those opportunities available under 23 U.S.C. 405;

(4) recommend a process for determination, management, and funding of indigent participants;

(5) recommend procedures for the establishment and use of local program accounts for the deposit of fees collected under the 24/7 program; and

(6) identify program best practices as recognized by leaders with significant experience implementing 24/7 sobriety programs in other states. The best practices should include suggested sanctions for program noncompliance and violations.

(b) The final rules and procedures applicable to any 24/7 sobriety program shall be those adopted by the county board in participating counties.

Section 20. Data management system.

(a) The Division shall make recommendations to participating counties regarding a 24/7 sobriety and drug monitoring program data management system to manage testing, test events, test results, data access, fees, fee payments, and any required reports.

(b) The data management system may include, but is not limited to, the following:

(1) a secure management application;

(2) support of breath testing, continuous remote transdermal alcohol monitoring, drug patch testing, and urinalysis testing;

(3) capability of tracking and storing events, including but not limited to, participant enrollment, testing activity, accounting activity, and participating agency activity; and

(4) capability of generating reports of system fields and data, and allow reports to be generated as needed and on a scheduled basis.

(c) The data management system must contain sufficient security protocols to protect a person's personal information from unauthorized use.

Section 25. Authority of court to order participation in sobriety and drug monitoring program.

(a) Any county may utilize the 24/7 program.

(b) Except when a convicted offender is subject to a mandatory minimum period of incarceration, a court in any participating county may stay any sanctions imposed against an offender while the offender is in compliance with the 24/7 program.

(c) When a person charged with or convicted of any crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime, including the offense of driving under the influence of alcohol or drugs, the court in any participating county may condition the granting of any bond, pretrial release, sentence, suspended sentence, probation, or conditional discharge upon participation in the 24/7 sobriety and drug monitoring program and payment of the fees required by Section 30.

(d) When a person has been charged with the offense of driving under the influence of alcohol or drugs in a participating county, and the person is released on bond without appearing before a judge, at that person's first court appearance a judge may impose a requirement of participation in a 24/7 sobriety and drug monitoring program as a condition of continued release on bond.

(e) A court order requiring a person to participate in a 24/7 sobriety and drug monitoring program under this Act shall be independent of and shall create no limitations on the authority of the Secretary of State to impose sanctions on that person's driving privileges.

Section 30. Collection, distribution, and use of testing fees.

(a) Other than fees paid directly to an entity providing a transdermal alcohol monitoring device or other detection or testing mechanism, the probation department of a participating county shall collect all fees required by the county board and deposit the fees into the county's 24/7 program account or any other account as directed by the county board.

(b) Five percent of all fees collected by the probation department shall be remitted to the Division to offset its costs in the administration of this program. All remaining fees collected by the probation department shall be used by the county to pay for expenses incurred in the creation and operation of the 24/7 program.

Section 35. Noncompliance.

(a) Upon failure of a person to submit to or pass a test under the 24/7 program, a peace officer or probation officer shall complete a written statement establishing that the person, in the judgment of the officer, violated a condition of release or a condition of the 24/7 program by failing to submit to or pass a test. A peace officer shall immediately arrest the person without warrant after completing or receiving the written statement.

(b) A person taken into custody under this Section shall appear before a court within a reasonable time and shall not be released unless the person has made a personal appearance before a court.

Section 40. Program coordinator and management group.

(a) The Division shall designate one or more persons to be its 24/7 program coordinator.

(b) The Division shall establish a 24/7 sobriety and drug monitoring program management group. The group must include:

(1) a representative of the Division;

(2) 2 representatives from participating counties, one from a rural county and one from an urban county;

(3) a representative of the circuit court judges;

(4) a representative of appellate court judges;

(5) a representative of the prosecutorial bar; and

(6) a representative of the criminal defense bar.

(c) The Director of the Division and the 24/7 coordinator shall meet at least annually with the 24/7 sobriety and drug monitoring program management group to review the program and administrative guidelines.

Section 45. Pre-existing programs. Any county that has in place a sobriety and drug monitoring program at the time of the effective date of this Act may continue to operate that program without being subject to the provisions of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.