99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0720
 
Introduced 2/3/2015, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:



New Act

 Creates the Cook County Drug Analysis Field Test Pilot Program Act. Creates the Cook County Drug Analysis Field Test Pilot Program. Provides that within 30 days after the effective date of this Act, the Superintendent of Police for the City of Chicago shall create a pilot program that allows officers to use drug analysis field test devices for use in both Branch 38 and Branch 50 of the Circuit Court of Cook County to determine whether a recovered substance is illegal cannabis, cocaine, or heroin. Provides that the Superintendent shall provide field test training and inventory procedures consistent with this purpose. Provides that the Superintendent of Police for the City of Chicago shall notify the Director of the Cook County Department of Corrections each time a defendant is entered into custody subject to a drug analysis field test. Provides that the Superintendent, Cook County State's Attorney, and Director of the Cook County Department of Corrections shall tally the number of days each defendant remains in custody as part of the Pilot Program from arrest until preliminary examination and report this information to the Pilot Program Study Committee. Provides that the Pilot Program shall operate one year from the later of July 1, 2015 or 30 days after the effective date of the Act. Provides that the General Assembly may appropriate funds to the Chicago Police Department, to be used solely for the purchase of drug analysis field tests and to carry out obligations of the Cook County Drug Analysis Field Test Pilot Program, including, but not limited to, the preparation and submission of reports to the General Assembly. Provides that the Act is repealed on January 1, 2017. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Cook 
5County Drug Analysis Field Test Pilot Program Act.

6 Section 5. Legislative findings and intent. 
7 (a) The General Assembly finds that:
8  (1) The Cook County Jail consistently faces 
9 overcrowding issues, with the total persons held in custody 
10 often near or exceeding the jail's capacity limits.
11  (2) The Cook County Jail population includes 
12 defendants held in custody, pending a preliminary 
13 examination to determine whether there is probable cause to 
14 believe that the defendant committed a criminal offense.
15  (3) Each person held in custody at the Cook County Jail 
16 costs the taxpayers of Cook County at least an estimated 
17 $143 per day, with even higher costs for those people in 
18 custody who require mental health treatment and services.
19  (4) If a person in custody is awaiting preliminary 
20 examination on an illegal substance offense in Cook County, 
21 the preliminary examination will not commence until the 
22 Cook County State's Attorney has received a drug chemistry 
23 laboratory report from the Department of State Police 
 
 
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1 Division of Forensic Services indicating that a recovered 
2 substance in fact tested positive as an illegal substance. 
3 This process can take several weeks.
4  (5) Drug analysis field test devices are not currently 
5 utilized by law enforcement agencies in Cook County for 
6 preliminary examinations. If utilized, drug analysis field 
7 test devices may allow the Cook County State's Attorney to 
8 immediately determine whether probable cause exists to 
9 believe that a recovered substance is an illegal drug or 
10 narcotic.
11 (b) It is the intent of the General Assembly to create a 
12pilot program making drug analysis field test devices available 
13for use by law enforcement agencies within Cook County. It is 
14also the intent of the General Assembly to explicitly allow the 
15Cook County State's Attorney to use drug analysis field tests 
16to establish probable cause at a preliminary examination, in 
17lieu of waiting for the Department of State Police drug 
18chemistry reports.

19 Section 10. Definitions. For purposes of this Act:
20 "Cannabis" has the meaning ascribed to it in Section 3 of 
21the Cannabis Control Act.
22 "Cocaine" is the same as described in paragraph (4) of 
23subsection (b) of Section 206 of the Illinois Controlled 
24Substances Act.
25 "Heroin" is the same as described in Section 204 of the 
 
 
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1Illinois Controlled Substances Act.
2 "Pilot Program" means the Cook County Drug Analysis Field 
3Test Pilot Program.

4 Section 15. Establishment of the pilot program. 

5 (a) The Cook County Drug Analysis Field Test Pilot Program 
6is hereby authorized. The Pilot Program shall assess whether 
7the use of field tests in Cook County will:
8  (1) reduce the number of days a person would otherwise 
9 remain in custody awaiting drug chemistry reports;
10  (2) result in expedited preliminary examinations for 
11 cannabis, cocaine, or heroin offenses; and
12  (3) reduce the overall Cook County Jail population at a 
13 substantial cost savings to Cook County taxpayers.
14 (b) Within 30 days after the effective date of this Act, 
15the Superintendent of Police for the City of Chicago shall 
16create a pilot program that allows officers to use drug 
17analysis field test devices for use in both Branch 38 and 
18Branch 50 of the Circuit Court of Cook County to determine 
19whether a recovered substance is illegal cannabis, cocaine, or 
20heroin. The Superintendent shall provide field test training 
21and inventory procedures consistent with this purpose.
22 (c) But for good cause shown, the results of each field 
23test performed under this Pilot Program shall be documented and 
24offered by the Cook County State's Attorney as evidence to 
25determine probable cause at a preliminary examination.
 
 
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1 (d) For purposes of the preliminary examination only, the 
2field test results shall be used in lieu of drug chemistry 
3laboratory reports from the Department of State Police Division 
4of Forensic Services. Where field test results indicate a 
5recovered substance has tested positive for the presence of 
6cannabis, cocaine, or heroin, the Cook County State's Attorney 
7shall proceed to a preliminary examination as soon as 
8practicable, regardless as to whether drug chemistry 
9laboratory reports are available.
10 (e) For purposes of determining probable cause at a 
11preliminary examination under Section 109-3 of the Code of 
12Criminal Procedure of 1963 and in accordance with this Pilot 
13Program:
14  (1) Evidence of results of a properly performed drug 
15 analysis field test is admissible in a preliminary 
16 examination solely to establish that the substance tested 
17 is cannabis, cocaine, or heroin.

18  (2) Evidence of results of a properly performed drug 
19 analysis field test is sufficient to establish that the 
20 substance tested is cannabis, cocaine, or heroin for the 
21 purposes of a preliminary examination.


22 Section 20. Data collection. The Superintendent of Police 
23for the City of Chicago shall notify the Director of the Cook 
24County Department of Corrections each time a defendant is 
25entered into custody subject to a drug analysis field test. The 
 
 
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1Superintendent, Cook County State's Attorney, and Director of 
2the Cook County Department of Corrections shall tally the 
3number of days each defendant remains in custody as part of the 
4Pilot Program from arrest until preliminary examination and 
5report this information to the Pilot Program Study Committee. 

6 Section 25. Duration.  The Pilot Program shall operate one 
7year from the later of July 1, 2015 or 30 days after the 
8effective date of this Act.

9 Section 30. Pilot Program Study Committee. 
10 (a) The Superintendent of Police for the City of Chicago, 
11Cook County State's Attorney, the head of the Division of 
12Forensic Services of the Department of State Police, Executive 
13Director of the Cook County Justice Advisory Council, and 
14Director of the Cook County Department of Corrections shall 
15each appoint one member to the Pilot Program Study Committee no 
16later than 30 days after the effective date of this Act. The 
17Cook County Board President shall appoint one member of a 
18community based organization to the Pilot Program Study 
19Committee no later than 30 days after the effective date of 
20this Act.
21 (b) The Committee may seek research or staff support of 
22advocacy and policy groups to assist in the evaluation of the 
23Pilot Program.
24 (c) The Pilot Program Study Committee shall submit 
 
 
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1preliminary reports to the General Assembly on a quarterly 
2basis. The reports shall include:
3  (1) the number of persons entered into custody subject 
4 to a drug analysis field test;
5  (2) the number of persons released from custody at any 
6 point before a preliminary examination subject to a drug 
7 analysis field test;
8  (3) the number of days each defendant remains in 
9 custody from arrest until preliminary examination; and
10  (4) any other information the Study Committee deems 
11 relevant.
12 The preliminary reports shall be submitted to the General 
13Assembly on: October 31, 2015; January 31, 2016; and April 30, 
142016.

15 (d) Upon conclusion of the Pilot Program, the Pilot Program 
16Study Committee shall issue a final report to the General 
17Assembly, evaluating and analyzing the following to the fullest 
18extent possible, but subject to available resources:
19  (1) the length of custody in the Cook County Jail for a 
20 cannabis, cocaine, or heroin offender under the Cook County 
21 Drug Analysis Field Test Pilot Program, as compared to a 
22 similarly situated drug or narcotics offender not under the 
23 Cook County Drug Analysis Field Test Pilot Program;
24  (2) the economic impact of using drug analysis field 
25 tests in lieu of drug chemistry laboratory reports for 
26 preliminary examinations;
 
 
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1  (3) the impact on the Cook County Jail population as a 
2 result of using drug analysis field tests, and the 
3 estimated jail population impact if drug analysis field 
4 tests were expanded for use in all drug-related preliminary 
5 examinations; and
6  (4) the proposed findings and recommendations on the 
7 use and efficacy of drug analysis field tests in Cook 
8 County.

9 (e) The Committee shall hold regularly scheduled meetings 
10and make minutes publicly accessible.
11 (f) The final report shall be submitted to the General 
12Assembly on or before the later of October 1, 2016 or 60 days 
13after the conclusion of the Pilot Program. 
14 (g) If the final report is not submitted to the General 
15Assembly by the date designated in subsection (f) of this 
16Section, the amount of time that a person may be held in 
17custody in Cook County awaiting a preliminary examination, 
18under Section 109-3.1 of the Code of Criminal Procedure, shall 
19be reduced from 30 days to 10 days.
20 (h) Upon issuance of the report required under this 
21Section, the Pilot Program Study Committee shall dissolve.


22 Section 35. Appropriations. The General Assembly may 
23appropriate funds to the Chicago Police Department, to be used 
24solely for the purchase of drug analysis field tests and to 
25carry out obligations of the Cook County Drug Analysis Field 
 
 
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1Test Pilot Program, including, but not limited to, the 
2preparation and submission of reports to the General Assembly.

3 Section 40. Repeal. This Act is repealed on January 1, 
42017.


5 Section 99. Effective date. This Act takes effect upon 
6becoming law.