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(725 ILCS 5/110-6.5)
(Section scheduled to be repealed on January 1, 2023)
Drug testing program.
The Chief Judge of the circuit may establish a drug testing program as provided
by this Section in any county in the circuit if the county board has approved
the establishment of the program and the county probation department or
pretrial services agency has consented to administer it. The drug testing
program shall be conducted under the following provisions:
(a) The court, in the case of a defendant charged with a felony offense or
any offense involving the possession or delivery of cannabis or a
controlled substance, shall:
(1) not consider the release of the defendant on his
or her own recognizance, unless the defendant consents to periodic drug testing during the period of release on his or her own recognizance, in accordance with this Section;
(2) consider the consent of the defendant to periodic
drug testing during the period of release on bail in accordance with this Section as a favorable factor for the defendant in determining the amount of bail, the conditions of release or in considering the defendant's motion to reduce the amount of bail.
(b) The drug testing shall be conducted by the pretrial services agency or
under the direction of the probation department when a pretrial services
agency does not exist in accordance with this Section.
(c) A defendant who consents to periodic drug testing as set forth in this
shall sign an agreement with the court that, during the period of release,
the defendant shall refrain from using illegal drugs and that the
defendant will comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall be executed
at the time of the bail hearing. This agreement shall be made a specific
condition of bail.
(d) The drug testing program shall be conducted as follows:
(1) The testing shall be done by urinalysis for the
detection of phencyclidine, heroin, cocaine, methadone and amphetamines.
(2) The collection of samples shall be performed
under reasonable and sanitary conditions.
(3) Samples shall be collected and tested with due
regard for the privacy of the individual being tested and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
(4) Sample collection shall be documented, and the
documentation procedures shall include:
(i) Labeling of samples so as to reasonably
preclude the probability of erroneous identification of test results; and
(ii) An opportunity for the defendant to provide
information on the identification of prescription or nonprescription drugs used in connection with a medical condition.
(5) Sample collection, storage, and transportation to
the place of testing shall be performed so as to reasonably preclude the probability of sample contamination or adulteration.
(6) Sample testing shall conform to scientifically
accepted analytical methods and procedures. Testing shall include verification or confirmation of any positive test result by a reliable analytical method before the result of any test may be used as a basis for any action by the court.
(e) The initial sample shall be collected before the defendant's release
on bail. Thereafter, the defendant shall report to the pretrial services
agency or probation department as required
by the agency or department. The pretrial
services agency or probation department shall
immediately notify the court of
any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed positive test result
indicative of continued drug use shall result in the following:
(1) Upon the first confirmed positive test result,
the pretrial services agency or probation department, shall place the defendant on a more frequent testing schedule and shall warn the defendant of the consequences of continued drug use.
(2) A second confirmed positive test result shall be
grounds for a hearing before the judge who authorized the release of the defendant in accordance with the provisions of subsection (g) of this Section.
(g) The court shall, upon motion of the State or upon its own motion,
conduct a hearing in connection with any defendant who fails to appear for
testing, fails to cooperate with the persons conducting the testing
program, attempts to submit a sample not his or her own or has had a
confirmed positive test result indicative of continued drug use for the second
or subsequent time after the
initial test. The hearing shall be conducted in accordance with the
procedures of Section 110-6.
Upon a finding by the court that the State has established by clear and
convincing evidence that the defendant has violated the drug testing
conditions of bail, the court may consider any of the following sanctions:
(1) increase the amount of the defendant's bail or
(2) impose a jail sentence of up to 5 days;
(3) revoke the defendant's bail; or
(4) enter such other orders which are within the
power of the court as deemed appropriate.
(h) The results of any drug testing conducted under this Section
shall not be admissible on the issue of the defendant's guilt in connection
with any criminal charge.
(i) The court may require that the defendant pay for the cost of drug
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21.)