Public Act 099-0425

HB0356 Enrolled LRB099 00120 RLC 20120 b

AN ACT concerning criminal law.

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

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Cook

County Drug Analysis Field Test Pilot Program Act.

Section 5. Legislative findings and intent.

(a) The General Assembly finds that:

(1) The Cook County Jail consistently faces

overcrowding issues, with the number of persons held in

custody often near or exceeding the jail's capacity limits.

(2) The Cook County Jail population includes

defendants held in custody, pending a preliminary

examination to determine whether there is probable cause to

believe that the defendant committed a criminal offense.

(3) Each person held in custody at the Cook County Jail

costs the taxpayers of Cook County at least an estimated

$143 per day, with even higher costs for those people in

custody who require mental health treatment and services.

(4) If a person in custody is awaiting preliminary

examination on an illegal substance offense in Cook County,

the preliminary examination will not commence until the

Cook County State's Attorney has received a drug chemistry

laboratory report from the Department of State Police

Division of Forensic Services indicating that a recovered

substance in fact tested positive as an illegal substance.

This process can take several weeks.

(5) Drug analysis field test devices are not currently

utilized by law enforcement agencies in Cook County for

preliminary examinations. If utilized, drug analysis field

test devices may allow the Cook County State's Attorney to

immediately determine whether probable cause exists to

believe that a recovered substance is an illegal drug or

narcotic.

(b) It is the intent of the General Assembly to create a

Pilot Program making drug analysis field test devices available

for use by law enforcement agencies within Cook County. It is

also the intent of the General Assembly to explicitly allow the

Cook County State's Attorney to use drug analysis field tests

to establish probable cause at a preliminary examination, in

lieu of waiting for the Department of State Police drug

chemistry reports.

Section 10. Definitions. For purposes of this Act:

"Cannabis" has the meaning ascribed to it in Section 3 of

the Cannabis Control Act.

"Cocaine" is the same as described in paragraph (4) of

subsection (b) of Section 206 of the Illinois Controlled

Substances Act.

"Heroin" is the same as described in Section 204 of the

Illinois Controlled Substances Act.

"Pilot Program" means the Cook County Drug Analysis Field

Test Pilot Program.

Section 15. Establishment of the Pilot Program.

(a) The Cook County Drug Analysis Field Test Pilot Program

is hereby authorized. The Pilot Program shall assess whether

the use of field tests in Cook County will:

(1) reduce the number of days a person would otherwise

remain in custody awaiting drug chemistry reports;

(2) result in expedited preliminary examinations for

cannabis, cocaine, or heroin offenses; and

(3) reduce the overall Cook County Jail population at a

substantial cost savings to Cook County taxpayers.

(b) 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 the Circuit Court of

Cook County to determine whether a recovered substance is

illegal cannabis, cocaine, or heroin. The Superintendent shall

provide field test training and inventory procedures

consistent with this purpose.

(c) But for good cause shown, the results of each field

test performed under this Pilot Program shall be documented and

offered by the Cook County State's Attorney as evidence to

determine probable cause at a preliminary examination.

(d) For purposes of the preliminary examination only, the

field test results shall be used in lieu of drug chemistry

laboratory reports from the Department of State Police Division

of Forensic Services. Where field test results indicate a

recovered substance has tested positive for the presence of

cannabis, cocaine, or heroin, the Cook County State's Attorney

shall proceed to a preliminary examination as soon as

practicable, regardless as to whether drug chemistry

laboratory reports are available.

(e) For purposes of determining probable cause at a

preliminary examination under Section 109-3 of the Code of

Criminal Procedure of 1963 and in accordance with this Pilot

Program:

(1) Evidence of results of a properly performed drug

analysis field test is admissible in a preliminary

examination solely to establish that the substance tested

is cannabis, cocaine, or heroin.

(2) Evidence of results of a properly performed drug

analysis field test is sufficient to establish that the

substance tested is cannabis, cocaine, or heroin for the

purposes of a preliminary examination.

Section 20. Data collection. 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. 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.

Section 25. Duration. The Pilot Program shall operate one

year from the later of September 1, 2015 or 30 days after the

effective date of this Act.

Section 30. Pilot Program Study Committee.

(a) The Mayor of the City of Chicago or his or her

designee, the Superintendent of Police for the City of Chicago,

Cook County State's Attorney, the head of the Division of

Forensic Services of the Department of State Police, Executive

Director of the Cook County Justice Advisory Council, and

Director of the Cook County Department of Corrections shall

each appoint one member to the Pilot Program Study Committee no

later than 30 days after the effective date of this Act. The

Cook County Board President shall appoint one member of a

community based organization to the Pilot Program Study

Committee no later than 30 days after the effective date of

this Act.

(b) The Committee may seek research or staff support of

advocacy and policy groups to assist in the evaluation of the

Pilot Program.

(c) The Pilot Program Study Committee shall submit

preliminary reports to the General Assembly on a quarterly

basis. The reports shall include:

(1) the number of persons entered into custody subject

to a drug analysis field test;

(2) the number of persons released from custody at any

point before a preliminary examination subject to a drug

analysis field test;

(3) the number of days each defendant remains in

custody from arrest until preliminary examination; and

(4) any other information the Study Committee deems

relevant.

The preliminary reports shall be submitted to the General

Assembly on: December 31, 2015; March 31, 2016; and June 30,

2016.

(d) Upon conclusion of the Pilot Program, the Pilot Program

Study Committee shall issue a final report to the General

Assembly, evaluating and analyzing the following to the fullest

extent possible, but subject to available resources:

(1) the length of custody in the Cook County Jail for a

cannabis, cocaine, or heroin offender under the Cook County

Drug Analysis Field Test Pilot Program, as compared to a

similarly situated drug or narcotics offender not under the

Cook County Drug Analysis Field Test Pilot Program;

(2) the economic impact of using drug analysis field

tests in lieu of drug chemistry laboratory reports for

preliminary examinations;

(3) the impact on the Cook County Jail population as a

result of using drug analysis field tests, and the

estimated jail population impact if drug analysis field

tests were expanded for use in all drug-related preliminary

examinations; and

(4) the proposed findings and recommendations on the

use and efficacy of drug analysis field tests in Cook

County.

(e) The Committee shall hold regularly scheduled meetings

and make minutes publicly accessible.

(f) The final report shall be submitted to the General

Assembly on or before the later of November 1, 2016 or 60 days

after the conclusion of the Pilot Program.

(g) Upon issuance of the report required under this

Section, the Pilot Program Study Committee shall dissolve.

Section 35. Repeal. This Act is repealed on January 1,

2017.

Section 99. Effective date. This Act takes effect upon

becoming law.