Public Act 099-0425
 
HB0356 EnrolledLRB099 00120 RLC 20120 b


  
    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 Cook 
County Drug Analysis Field Test Pilot Program Act.
 
    Section 5. Legislative findings and intent. 
    (a) The General Assembly finds that:
        (1) The Cook County Jail consistently faces  
    overcrowding  issues, with the number of persons held in 
    custody often near or exceeding the jail's capacity limits.
        (2) The Cook County Jail population includes 
    defendants held in custody, pending a preliminary 
    examination to determine whether there is probable cause to 
    believe that the defendant committed a criminal offense.
        (3) Each person held in custody  at the  Cook County Jail 
    costs the taxpayers of Cook County at least an estimated 
    $143 per day, with even higher costs for those people in 
    custody who require mental health treatment and services.
        (4) If a person in custody is awaiting preliminary 
    examination on an illegal substance offense in Cook County, 
    the preliminary examination will not commence until the 
    Cook County State's Attorney has received a drug chemistry 
    laboratory report from the Department of State Police 
    Division of Forensic Services indicating that a recovered 
    substance in fact tested positive as an illegal substance.  
    This process can take several weeks.
        (5) Drug analysis field test devices are not currently 
    utilized by law enforcement agencies in Cook County for 
    preliminary examinations.  If utilized, drug analysis field 
    test devices may allow the Cook County State's Attorney to 
    immediately determine whether probable cause exists to 
    believe that a recovered substance is an illegal drug or 
    narcotic.
    (b) It is the intent of the General Assembly to create a 
Pilot Program making drug analysis field test devices available 
for use by law enforcement agencies within Cook County. It is 
also the intent of the General Assembly to explicitly allow  the 
Cook County State's Attorney to use drug analysis field tests 
to establish probable cause at a preliminary examination, in 
lieu of waiting for the Department of State Police drug 
chemistry reports.
 
    Section 10. Definitions.  For purposes of this Act:
    "Cannabis" has the meaning ascribed to it in  Section 3 of 
the Cannabis Control Act.
    "Cocaine" is the same as described in paragraph (4) of 
subsection (b) of Section 206 of the Illinois Controlled 
Substances Act.
    "Heroin" is the same as described in Section 204 of the 
Illinois Controlled Substances Act.
    "Pilot Program" means the Cook County Drug Analysis Field 
Test Pilot Program.
 
    Section 15. Establishment of the Pilot Program. 

    (a) The Cook County Drug Analysis Field Test Pilot Program 
is hereby authorized. The Pilot Program shall assess whether 
the use of field tests in Cook County will:
        (1) reduce the number of days a person would otherwise 
    remain in custody awaiting drug chemistry reports;
        (2) result in expedited preliminary examinations for 
    cannabis, cocaine, or heroin offenses; and
        (3) reduce the overall Cook County Jail population at a 
    substantial cost savings to Cook County taxpayers.
    (b) Within 30 days after  the effective date of this Act, 
the Superintendent of Police for the City of Chicago shall 
create a Pilot Program that allows officers to use drug 
analysis field test devices for use in the Circuit Court of 
Cook County to determine whether a recovered substance is 
illegal cannabis, cocaine, or heroin.  The Superintendent shall 
provide field test training and inventory procedures 
consistent with this purpose.
    (c) But for good cause shown, the results of each field 
test performed under this Pilot Program shall be documented and 
offered by the Cook County State's Attorney as evidence to 
determine probable cause at a preliminary examination.
    (d) For purposes of the preliminary examination only, the 
field test results shall be used in lieu of drug chemistry 
laboratory reports from the Department of State Police Division 
of Forensic Services.  Where field test results indicate a 
recovered substance has tested positive for the presence of 
cannabis, cocaine, or heroin, the Cook County State's Attorney 
shall proceed to a preliminary examination as soon as 
practicable, regardless as to whether drug chemistry  
laboratory reports are available.
    (e) For purposes of determining probable cause at a 
preliminary examination under Section 109-3 of the Code of 
Criminal Procedure of 1963 and in accordance with this Pilot 
Program:
        (1)  Evidence of results of a properly performed drug 
    analysis field test is admissible in a preliminary 
    examination solely to establish that the substance tested 
    is cannabis, cocaine, or heroin.

        (2) Evidence of results of a properly performed drug 
    analysis field test is sufficient to establish that the 
    substance tested is cannabis, cocaine, or heroin for the 
    purposes of a preliminary examination.


 
    Section 20. Data collection.  The Superintendent of Police 
for the City of Chicago shall notify the Director of the Cook 
County Department of Corrections each time a defendant is 
entered into custody subject to a drug analysis field test.  The 
Superintendent, Cook County State's Attorney, and Director of 
the Cook County Department of Corrections shall tally the 
number of days each defendant remains in custody as part of the 
Pilot Program from arrest until preliminary examination and 
report this information to the Pilot Program Study Committee.  
 
    Section 25. Duration.   The Pilot Program shall operate one 
year from the later of September 1, 2015 or 30 days after the 
effective date of this Act.
 
    Section 30. Pilot Program Study Committee. 
    (a)  The Mayor of the City of Chicago or his or her 
designee, the Superintendent of Police for the City of Chicago, 
Cook County State's Attorney, the head of the  Division of 
Forensic Services of the Department of State Police, Executive 
Director of the Cook County Justice Advisory Council, and 
Director of the  Cook County Department of Corrections shall 
each appoint one member to the Pilot Program Study Committee no 
later than 30 days after the effective date of this Act.  The 
Cook County Board President shall appoint one member of a 
community based organization to the Pilot Program Study 
Committee no later than 30 days after the effective date of 
this Act.
    (b) The Committee may seek research or staff support of 
advocacy and policy groups to assist in the evaluation of the 
Pilot Program.
    (c) The Pilot Program Study Committee shall submit 
preliminary reports to the General Assembly on a quarterly 
basis. The reports shall include:
        (1) the number of persons entered into custody subject 
    to a drug analysis field test;
        (2) the number of persons released from custody at any 
    point before a preliminary examination subject to a drug 
    analysis field test;
        (3) the number of days each defendant remains in 
    custody from arrest until preliminary examination; and
        (4) any other information the Study Committee deems 
    relevant.
    The preliminary reports shall be submitted to the General 
Assembly on: December 31, 2015; March 31, 2016; and June 30, 
2016.
 
    (d) Upon conclusion of the Pilot Program, the Pilot Program 
Study Committee shall issue a final report to the General 
Assembly, evaluating and analyzing the following to the fullest 
extent possible, but subject to available resources:
        (1) the length of custody in the  Cook County Jail for a 
    cannabis, cocaine, or heroin offender under the Cook County 
    Drug Analysis Field Test Pilot Program, as compared to a 
    similarly situated drug or narcotics offender not under the 
    Cook County Drug Analysis Field Test Pilot Program;
        (2) the economic impact of using drug analysis field 
    tests in lieu of drug chemistry laboratory reports for 
    preliminary examinations;
        (3) the impact on the Cook County Jail population as a 
    result of using drug analysis field tests, and the 
    estimated jail population impact if drug analysis field 
    tests were expanded for use in all drug-related preliminary 
    examinations; and
        (4) the proposed findings and recommendations on the 
    use and efficacy of drug analysis field tests in Cook 
    County.

    (e)  The Committee shall hold regularly scheduled meetings 
and make minutes publicly accessible.
    (f) The final report shall be submitted to the General 
Assembly on or before the later of November 1, 2016 or 60 days 
after the conclusion of the Pilot Program. 
    (g) Upon issuance of the report required under this 
Section, the Pilot Program Study Committee shall dissolve.


 
    Section 35. Repeal. This Act is repealed on January 1, 
2017.
 

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