HB2751ham001 99TH GENERAL ASSEMBLY

Rep. David Reis

Filed: 3/23/2015

09900HB2751ham001 LRB099 07808 KTG 32355 a

AMENDMENT TO HOUSE BILL 2751

AMENDMENT NO. ______. Amend House Bill 2751 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Public Aid Code is amended by adding Section 4-1.13 as follows:

(305 ILCS 5/4-1.13 new)

Sec. 4-1.13. Substance abuse treatment program.

(a) As used in this Section:

"Cannabis" has the same meaning ascribed to it in the Cannabis Control Act.

"Controlled substance" means a controlled substance as defined in the Illinois Controlled Substances Act.

"Methamphetamine" has the same meaning ascribed to it in the Methamphetamine Control and Community Protection Act.

(b) As a condition of continued eligibility for benefits provided under this Article, any recipient of benefits 18 years of age or older who is convicted of a misdemeanor violation of the Illinois Controlled Substances Act or the Cannabis Control Act shall participate in a substance abuse treatment program that has a duration of not less than one year and that is licensed by the Department of Human Services under the Alcoholism and Other Drug Abuse and Dependency Act. Any individual who fails to comply with this Section is subject to immediate termination of his or her benefits. Any individual who is convicted of a second or subsequent misdemeanor violation of the Illinois Controlled Substances Act or the Cannabis Control Act after participating in and completing a substance abuse treatment program as required under this subsection shall agree to periodic drug testing under the program established in subsection (c) as a condition of continued eligibility for benefits provided under this Article.

(c) The Department shall develop and establish a program to periodically test for the illegal use of a controlled substance, cannabis, or methamphetamine by an individual who:

(1) receives TANF assistance under this Article on behalf of a child;

(2) is at least 18 years of age; and

(3) is convicted of a second or subsequent misdemeanor violation of the Illinois Controlled Substances Act or the Cannabis Control Act after participating in and completing a substance abuse treatment program as required under subsection (b). The Department shall implement this program no later than July 1, 2016.

(d) An individual described in subsection (c) shall take a substance abuse subtle screening inventory test administered in written or electronic form by a local office of the Department.

(e) A local office of the Department shall provide the following information in writing to an individual described in subsection (c):

(1) The individual is required to take a written or electronic substance abuse subtle screening inventory test.

(2) The individual may be subject to random drug testing based on the results of the test described in paragraph (1) of this subsection.

(3) The individual may be subject to drug testing if the local office of the Department believes, based on reasonable suspicion as set forth in subsection (f), that the individual is engaged in the illegal use of a controlled substance, cannabis, or methamphetamine.

(4) If the individual tests positive on a drug test administered under this Section, the individual may be ineligible:

(A) for TANF assistance; and

(B) to receive TANF assistance on behalf of a child.

(5) If the individual tests positive on a drug test administered under this Section, the amount of the cost of the drug test shall be withheld from any future TANF assistance the individual receives if the individual continues to receive TANF assistance.

(6) If the individual tests positive on a drug test administered under this Section, the amount of the cost of any subsequent drug test the individual is required to undergo shall be withheld from the TANF assistance the individual receives, if the individual continues to receive TANF assistance, regardless of whether the individual tests positive or tests negative on the subsequent drug test.

(f) A local office of the Department is considered to have reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance, cannabis, or methamphetamine if one or more of the following apply:

(1) The individual has been charged with an offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act.

(2) The results of the substance abuse subtle screening inventory test indicate that the individual is at risk for the illegal use of a controlled substance, cannabis, or methamphetamine.

(3) The individual has previously failed a drug test administered under this Section.

(g) If a local office of the Department has knowledge that an individual has been formally charged with an offense described in paragraph (1) of subsection (f), the local office shall administer a drug test to the individual.

(h) If a local office of the Department has reasonable suspicion to believe from the results of a substance abuse subtle screening inventory test that an individual is engaged in the illegal use of a controlled substance, cannabis, or methamphetamine, the individual shall be placed in the pool of individuals who are subject to drug testing as described in subsection (j).

(i) If a local office of the Department has reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance, cannabis, or methamphetamine as the result of failing a drug test administered under this Section, the individual shall be placed in the pool of individuals who are subject to random drug testing as described in subsection (k).

(j) The Department shall administer a drug test to at least 50% of the pool of individuals described in subsection (h). An individual may not be tested more than once under this subsection.

(k) The Department shall administer random drug tests to 50% of the pool of individuals described in subsection (i) each month.

(l) A local office of the Department shall provide a list of substance abuse treatment programs licensed by the Department under the Alcoholism and Other Drug Abuse and Dependency Act to any individual who tests positive under this Section.

(m) An individual who tests positive under this Section and provides evidence that he or she is participating in a substance abuse treatment program shall continue to receive TANF assistance.

(n) The Department shall adopt any rules necessary to implement this Section.".