Bill Text: IL SB2668 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0757 [SB2668 Detail]
Download: Illinois-2013-SB2668-Chaptered.html
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| Public Act 098-0757 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-7-2.5 as follows:
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(730 ILCS 5/3-7-2.5)
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Sec. 3-7-2.5. Zero tolerance drug policy.
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(a) Any person employed by the Department of Corrections | ||||
who tests positive
in
accordance with established Departmental | ||||
drug testing procedures for any
substance
prohibited by the | ||||
Cannabis Control Act, the Illinois Controlled Substances
Act, | ||||
or the Methamphetamine Control and Community Protection Act | ||||
shall be
discharged from employment. Refusal to submit to a | ||||
drug test, ordered in
accordance
with Departmental procedures, | ||||
by any person employed by the Department shall be
construed as | ||||
a positive test, and the person shall be discharged from
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employment.
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Testing of employees shall be conducted in accordance with | ||||
established
Departmental drug testing procedures. Changes to | ||||
established drug testing
procedures
that are inconsistent with | ||||
the federal guidelines specified in the Mandatory
Guidelines | ||||
for
Federal Workplace Drug Testing Program, 59 FR 29908, or | ||||
that affect
terms and conditions of employment, shall be | ||||
negotiated with an exclusive
bargaining
representative in | ||
accordance with the Illinois Public Labor Relations Act.
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(1) All samples used for the purpose of drug testing | ||
shall be collected by
persons who have at least 15 40 hours | ||
of initial training in the proper collection
procedures and | ||
at least 8 hours of annual follow-up training. Proof of | ||
this
training shall be available upon request. In order to | ||
ensure that these
persons
possess the necessary knowledge, | ||
skills, and experience to carry out their
duties,
their | ||
training 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. Proficiency in the proper collection | ||
process must be demonstrated prior to certification used | ||
for the collection
process and must also incorporate | ||
training on the appropriate interpersonal
skills
required | ||
during the collection process.
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(2) With respect to any bargaining unit employee, the | ||
Department shall
not initiate discipline of any employee | ||
who authorizes the testing of a split
urine
sample in | ||
accordance with established Departmental drug testing | ||
procedures
until
receipt by the Department of the test | ||
results from the split urine sample
evidencing a positive | ||
test for any substance prohibited by the Cannabis Control
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Act, the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act.
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(b) Any employee discharged in accordance with the | ||
provisions of subsection
(a)
shall not be eligible for rehire | ||
by the Department.
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(Source: P.A. 94-556, eff. 9-11-05.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2014.
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