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1 | | costs the taxpayers of Cook County at least an estimated |
2 | | $143 per day, with even higher costs for those people in |
3 | | custody who require mental health treatment and services. |
4 | | (4) If a person in custody is awaiting preliminary |
5 | | examination on an illegal substance offense in Cook County, |
6 | | the preliminary examination will not commence until the |
7 | | Cook County State's Attorney has received a drug chemistry |
8 | | laboratory report from the Department of State Police |
9 | | Division of Forensic Services indicating that a recovered |
10 | | substance in fact tested positive as an illegal substance. |
11 | | This process can take several weeks. |
12 | | (5) Drug analysis field test devices are not currently |
13 | | utilized by law enforcement agencies in Cook County for |
14 | | preliminary examinations. If utilized, drug analysis field |
15 | | test devices may allow the Cook County State's Attorney to |
16 | | immediately determine whether probable cause exists to |
17 | | believe that a recovered substance is an illegal drug or |
18 | | narcotic. |
19 | | (b) It is the intent of the General Assembly to create a |
20 | | pilot program making drug analysis field test devices available |
21 | | for use by law enforcement agencies within Cook County. It is |
22 | | also the intent of the General Assembly to explicitly allow the |
23 | | Cook County State's Attorney to use drug analysis field tests |
24 | | to establish probable cause at a preliminary examination, in |
25 | | lieu of waiting for the Department of State Police drug |
26 | | chemistry reports. |
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1 | | Section 10. Definitions. For purposes of this Act: |
2 | | "Cannabis" has the meaning ascribed to it in Section 3 of |
3 | | the Cannabis Control Act. |
4 | | "Cocaine" is the same as described in paragraph (4) of |
5 | | subsection (b) of Section 206 of the Illinois Controlled |
6 | | Substances Act. |
7 | | "Heroin" is the same as described in Section 204 of the |
8 | | Illinois Controlled Substances Act. |
9 | | "Pilot Program" means the Cook County Drug Analysis Field |
10 | | Test Pilot Program. |
11 | | Section 15. Establishment of the pilot program.
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12 | | (a) The Cook County Drug Analysis Field Test Pilot Program |
13 | | is hereby authorized. The Pilot Program shall assess whether |
14 | | the use of field tests in Cook County will: |
15 | | (1) reduce the number of days a person would otherwise |
16 | | remain in custody awaiting drug chemistry reports; |
17 | | (2) result in expedited preliminary examinations for |
18 | | cannabis, cocaine, or heroin offenses; and |
19 | | (3) reduce the overall Cook County Jail population at a |
20 | | substantial cost savings to Cook County taxpayers. |
21 | | (b) Within 30 days after the effective date of this Act, |
22 | | the Superintendent of Police for the City of Chicago shall |
23 | | create a pilot program that allows officers to use drug |
24 | | analysis field test devices for use in both Branch 38 and |
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1 | | Branch 50 of the Circuit Court of Cook County to determine |
2 | | whether a recovered substance is illegal cannabis, cocaine, or |
3 | | heroin. The Superintendent shall provide field test training |
4 | | and inventory procedures consistent with this purpose. |
5 | | (c) But for good cause shown, the results of each field |
6 | | test performed under this Pilot Program shall be documented and |
7 | | offered by the Cook County State's Attorney as evidence to |
8 | | determine probable cause at a preliminary examination. |
9 | | (d) For purposes of the preliminary examination only, the |
10 | | field test results shall be used in lieu of drug chemistry |
11 | | laboratory reports from the Department of State Police Division |
12 | | of Forensic Services. Where field test results indicate a |
13 | | recovered substance has tested positive for the presence of |
14 | | cannabis, cocaine, or heroin, the Cook County State's Attorney |
15 | | shall proceed to a preliminary examination as soon as |
16 | | practicable, regardless as to whether drug chemistry |
17 | | laboratory reports are available. |
18 | | (e) For purposes of determining probable cause at a |
19 | | preliminary examination under Section 109-3 of the Code of |
20 | | Criminal Procedure of 1963 and in accordance with this Pilot |
21 | | Program: |
22 | | (1) Evidence of results of a properly performed drug |
23 | | analysis field test is admissible in a preliminary |
24 | | examination solely to establish that the substance tested |
25 | | is cannabis, cocaine, or heroin.
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26 | | (2) Evidence of results of a properly performed drug |
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1 | | analysis field test is sufficient to establish that the |
2 | | substance tested is cannabis, cocaine, or heroin for the |
3 | | purposes of a preliminary examination.
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4 | | Section 20. Data collection. The Superintendent of Police |
5 | | for the City of Chicago shall notify the Director of the Cook |
6 | | County Department of Corrections each time a defendant is |
7 | | entered into custody subject to a drug analysis field test. The |
8 | | Superintendent, Cook County State's Attorney, and Director of |
9 | | the Cook County Department of Corrections shall tally the |
10 | | number of days each defendant remains in custody as part of the |
11 | | Pilot Program from arrest until preliminary examination and |
12 | | report this information to the Pilot Program Study Committee. |
13 | | Section 25. Duration. The Pilot Program shall operate one |
14 | | year from the later of September 1, 2014 or 30 days after the |
15 | | effective date of this Act. |
16 | | Section 30. Pilot Program Study Committee. |
17 | | (a) The Superintendent of Police for the City of Chicago, |
18 | | Cook County State's Attorney, the head of the Division of |
19 | | Forensic Services of the Department of State Police, Executive |
20 | | Director of the Cook County Justice Advisory Council, and |
21 | | Director of the Cook County Department of Corrections shall |
22 | | each appoint one member to the Pilot Program Study Committee no |
23 | | later than 30 days after the effective date of this Act. The |
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1 | | Cook County Board President shall appoint one member of a |
2 | | community based organization to the Pilot Program Study |
3 | | Committee no later than 30 days after the effective date of |
4 | | this Act. |
5 | | (b) The Committee may seek research or staff support of |
6 | | advocacy and policy groups to assist in the evaluation of the |
7 | | Pilot Program. |
8 | | (c) The Pilot Program Study Committee shall submit |
9 | | preliminary reports to the General Assembly on a quarterly |
10 | | basis. The reports shall include: |
11 | | (1) the number of persons entered into custody subject |
12 | | to a drug analysis field test; |
13 | | (2) the number of persons released from custody at any |
14 | | point before a preliminary examination subject to a drug |
15 | | analysis field test; |
16 | | (3) the number of days each defendant remains in |
17 | | custody from arrest until preliminary examination; and |
18 | | (4) any other information the Study Committee deems |
19 | | relevant. |
20 | | The preliminary reports shall be submitted to the General |
21 | | Assembly on: December 31, 2014; March 31, 2015; and June 30, |
22 | | 2015.
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23 | | (d) Upon conclusion of the Pilot Program, the Pilot Program |
24 | | Study Committee shall issue a final report to the General |
25 | | Assembly, evaluating and analyzing the following to the fullest |
26 | | extent possible, but subject to available resources: |
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1 | | (1) the length of custody in the Cook County Jail for a |
2 | | cannabis, cocaine, or heroin offender under the Cook County |
3 | | Drug Analysis Field Test Pilot Program, as compared to a |
4 | | similarly situated drug or narcotics offender not under the |
5 | | Cook County Drug Analysis Field Test Pilot Program; |
6 | | (2) the economic impact of using drug analysis field |
7 | | tests in lieu of drug chemistry laboratory reports for |
8 | | preliminary examinations; |
9 | | (3) the impact on the Cook County Jail population as a |
10 | | result of using drug analysis field tests, and the |
11 | | estimated jail population impact if drug analysis field |
12 | | tests were expanded for use in all drug-related preliminary |
13 | | examinations; and |
14 | | (4) the proposed findings and recommendations on the |
15 | | use and efficacy of drug analysis field tests in Cook |
16 | | County.
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17 | | (e) The Committee shall hold regularly scheduled meetings |
18 | | and make minutes publicly accessible. |
19 | | (f) The final report shall be submitted to the General |
20 | | Assembly on or before the later of November 1, 2015 or 60 days |
21 | | after the conclusion of the Pilot Program. |
22 | | (g) If the final report is not submitted to the General |
23 | | Assembly by the date designated in subsection (f) of this |
24 | | Section, the amount of time that a person may be held in |
25 | | custody in Cook County awaiting a preliminary examination, |
26 | | under Section 109-3.1 of the Code of Criminal Procedure, shall |
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1 | | be reduced from 30 days to 10 days. |
2 | | (h) Upon issuance of the report required under this |
3 | | Section, the Pilot Program Study Committee shall dissolve.
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4 | | Section 35. Appropriations. The General Assembly may |
5 | | appropriate funds to the Chicago Police Department, to be used |
6 | | solely for the purchase of drug analysis field tests and to |
7 | | carry out obligations of the Cook County Drug Analysis Field |
8 | | Test Pilot Program, including, but not limited to, the |
9 | | preparation and submission of reports to the General Assembly. |
10 | | Section 40. Repeal. This Act is repealed on January 1, |
11 | | 2016.
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law".
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