725 ILCS 5/110-6.5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title III - Proceedings After Arrest

(Section scheduled to be repealed on January 1, 2023)Sec. 110-6.5. 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  Section  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     conditions of release;(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  testing.(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.)