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Public Act 098-0757
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| SB2668 Enrolled | LRB098 15186 RLC 50171 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 3-7-2.5 as follows:
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(730 ILCS 5/3-7-2.5)
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Sec. 3-7-2.5. Zero tolerance drug policy.
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(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 |
Cannabis Control Act, the Illinois Controlled Substances
Act, |
or the Methamphetamine Control and Community Protection Act |
shall 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
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employment.
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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 |
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negotiated with an exclusive
bargaining
representative in |
accordance with the Illinois Public Labor Relations Act.
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(1) All samples used for the purpose of drug testing |
shall be collected by
persons who have at least 15 40 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 used |
for the collection
process and must also incorporate |
training on the appropriate interpersonal
skills
required |
during the collection process.
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(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
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