TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501 SECURITY
SECTION 501.130 SUBSTANCE ABUSE


 

Section 501.130 Substance Abuse

 

a) Committed persons shall be subject to testing for unauthorized use of drugs and alcohol on a random, routine, or reasonable suspicion basis. Such testing shall not be used to harass, intimidate or unduly embarrass committed persons.

 

1) Drugs shall mean any substance ingested, inhaled or injected which is used to prevent a disease or as narcotics, stimulants, depressants or other chemical substances, including controlled substances identified in Section 3 of the Cannabis Control Act (Ill. Rev. Stat. 1987, ch. 56, par. 703) and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56, pars. 1100 et seq.) and over-the-counter medications.

 

2) Alcohol shall mean any substance ingested which contains alcohol, including beer, wine, liquor, liqueur, cough medicine, etc.

 

b) Testing shall be conducted on a random basis as determined by the Chief Administrative Officer in a manner in which neither staff or committed persons may predetermine the frequency or on whom the testing will be conducted. Random testing may include, but not be limited to, testing of the entire inmate population of the facility, or specific units or program areas within the facility.

 

c) Testing shall be conducted on a routine basis as determined by the Chief Administrative Officer.

 

d) Testing shall be conducted as ordered by the Duty Administrative Officer or above due to reasonable suspicion when objective facts and circumstances warrant a rational inference that a person is using or is under the influence of drugs or alcohol. Reasonable suspicion may be based, among other matters, upon:

 

1) Observable phenomena, such as direct observation of use and/or the physical symptoms of being under the influence of drugs or alcohol;

 

2) A pattern of abnormal or erratic behavior;

 

3) Information provided by reliable and credible sources or which is independently corroborated; or

 

4) A committed person's possession of unauthorized drugs, drug paraphernalia, or alcohol or discovery of same in an area controlled or occupied by the committed person.

 

e) Committed persons shall be subject to discipline in accordance with 20 Ill. Adm. Code 504 for failure to submit to drug or alcohol tests; for tampering or attempting to tamper with the specimen or test results; or where their test results reveal unauthorized use of drugs or alcohol.

 

(Source: Added at 13 Ill. Reg. 16977, effective November 1, 1989)