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| Public Act 098-0757 | ||||
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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 | ||||
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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Act, the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act.
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(b) Any employee discharged in accordance with the | ||
provisions of subsection
(a)
shall not be eligible for rehire | ||
by the Department.
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(Source: P.A. 94-556, eff. 9-11-05.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2014.
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