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Does your agency have to adopt a new policy for Individuals Under the Influence of Drugs or Alcohol?

5/29/2018 11:56:00 AM

ILETSB DRAFT Model Policy:

Response and Release of Individuals Under the Influence of Drugs or Alcohol

Does your agency have to adopy a new policy?

Lets clarify what "Conor’s Law" means to your law enforcement agency operations. It is effective June 1, 2018 

 

Last year, PA 100-537 was passed and it required:

 

1. ILETSB to create a model policy to train law enforcement officers on how to respond to individuals who are under the influence of alcohol/drugs at the time of an arrest-with special considerations for those under age 21.     It does not require training on the policy

 

2. The Illinois State Police to have a policy and provide training to other law enforcement agencies, but DOES NOT require Illinois law enforcement agencies to adopt this policy. It amended the Civil Administrative Code of Illinois, I.E. Department of State Police Law (20 ILCS 2605/2605-1). 

 

County and municipal law enforcement agencies do not have to adopt this policy. You do need to consider the civil liability for your entity, if you do not have a policy dealing with this issue. Any agency may choose to voluntarily use the model policy provided by ILETSB.

 

From the ILETSB website:

Posted: 5/24/2018

Last year, PA 100-537 was passed requiring the Board to create a model policy to train law enforcement officers on how to respond to individuals who are under the influence of alcohol or drugs at the time of an arrest - with special considerations for those under age 21. After researching the issues and reviewing the policies of other states, the board convened a focus group of stakeholders to weigh-in on our findings and offer suggestions for the policy. Upon the completion of these discussions the Board presents this draft for review and comment. Should you wish to make any comments on this draft, please direct them to lya.ramos@illinois.gov before May 31, 2018.

 

The new law added/amended the following:

 (20 ILCS 2605/2605-54 new)

   Sec. 2605-54. Training policy; persons arrested while under the influence of alcohol or drugs. The Department shall adopt a policy and provide training to State Police officers concerning response and care for persons under the influence of alcohol or drugs. The policy shall be consistent with the Alcoholism and Other Drug Abuse and Dependency Act and shall provide guidance for the arrest of persons under the influence of alcohol or drugs, proper medical attention if warranted, and care and release of those persons from custody. The policy shall provide guidance concerning the release of persons arrested under the influence of alcohol or drugs who are under the age of 21 years of age which shall include, but not be limited to, language requiring the arresting officer to make a reasonable attempt to contact a responsible adult who is willing to take custody of the person who is under the influence of alcohol or drugs.

(20 ILCS 2605/2605-5)  Sec. 2605-5. Definitions. In this Law:  "Department" means the Department of State Police.

 

(50 ILCS 705/10.17-5 new)
   Sec. 10.17-5. Training policy; persons arrested while under the influence of alcohol or drugs. The Board shall create a model policy to train law enforcement officers to respond to a person arrested who is under the influence of alcohol or drugs and the eventual release of that person from custody. The Board shall create a separate model policy for the release of persons arrested under the influence of alcohol or drugs who are under the age of 21 years of age. This policy shall include, but not be limited to, language requiring the arresting officer to make a reasonable attempt to contact a responsible adult who is willing to take custody of the person who is under the influence of alcohol or drugs.

 

Section 15. The Illinois Vehicle Code is amended by changing Section 4-203 as follows

(625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)

Sec. 4-203. Removal of motor vehicles or other vehicles; towing or hauling away.

(e) Whenever a peace officer reasonably believes that a person under arrest for a violation of Section 11-501 of this Code or a similar provision of a local ordinance is likely, upon release, to commit a subsequent violation of Section11-501, or a similar provision of a local ordinance, the arresting officer shall have the vehicle which the person was operating at the time of the arrest impounded for a period of not more than 12 hours after the time of arrest. However, such vehicle may be released by the arresting law enforcement agency prior to the end of the impoundment period if

 

(Source: P.A. 100-537, eff. 6-1-18.)

 

 

 


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