Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(730 ILCS 5/3-7-2.5)
Sec. 3-7-2.5. Zero tolerance drug policy.
(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 Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection Act shall be
discharged from employment. 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 may 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
employment. The changes made in this Section by this amendatory Act of the 100th General Assembly shall apply to all pending and future incidents under this Section.
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.
(1) All samples used for the purpose of drug testing |
| shall be collected by persons who have at least 15 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.
|
|
(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 Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
|
|
(b) Any employee discharged in accordance with the provisions of subsection
(a)
shall not be eligible for rehire by the Department.
(Source: P.A. 100-1130, eff. 11-27-18.)
|
