Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT
Subsection 201-10-20.2 - Prisoner Drug and Alcohol Testing
Universal Citation: 03 ME Code Rules ยง 201-10-20.2
Current through 2024-38, September 18, 2024
I. AUTHORITY
The Commissioner of Corrections adopts this policy pursuant to the authority contained in 34-A M.R.S.A. section1402.
II. APPLICABILITY
All Adult Correctional Facilities
III. POLICY
It is the policy of the Department to conduct drug and alcohol testing of prisoners to try to identify those individuals who are using drugs and alcohol in violation of the prisoner discipline policy and to facilitate appropriate treatment and the use of appropriate intervention strategies.
IV. CONTENTS
Procedure A: Drug and Alcohol Testing, General
Procedure B: Reasons for Drug and Alcohol Testing
Procedure C: Urine Collection and Testing for Drugs and Alcohol
Procedure D. Confirmation Testing of Urine Test Results
Procedure E: Breath Collection and Testing for Alcohol
Procedure F: Documentation of Test Results
Procedure G: Actions Taken as a Result of Testing
Procedure H: Training
V. DEFINITIONS
1. Confirmation testing - confirmation
testing refers to drug testing performed at an independent laboratory utilizing
technology that is more advanced than that used in facility drug testing to
assess the accuracy and validity of a drug test performed at the facility.
2. Drug - for purposes of this
policy, drug means any scheduled drug; any drug, even if not a scheduled drug,
that is not allowed to prisoners (such as synthetic hallucinogenic drugs,
synthetic cannabinoids or their derivatives, etc.); inhalants; or marijuana.
3. Refusal to submit to
testing-refusal to submit to testing consists of any conduct that would
constitute the disciplinary violation of "Test, Refusing to Take Alcohol,
Inhalant, Marijuana, or Drug Test" as described in Department Policy (AF) 20.1,
Prisoner Discipline.
4. Tampering
with a test - tampering with a test consists of any conduct that would
constitute the disciplinary violation of "Test, Tampering with Alcohol,
Inhalant, Marijuana, or Drug Test" as described in Department Policy (AF) 20.1,
Prisoner Discipline.
VI. ATTACHMENTS
Attachment A: Prisoner Admission Form
VII. PROCEDURES
Procedure A: Drug and Alcohol Testing, General
1. This policy governs only drug and
alcohol testing of prisoners by facility security staff.
2. It is intended to supplement, not replace,
other traditional means by which the use of drugs and alcohol by prisoners can
be detected, including, but not limited to, searches of prisoners, searches of
housing and program areas, prisoner behavior, etc.
3. Refusal to submit to testing; tampering
with a test; a negative test for a drug prone to trafficking that was
prescribed to the prisoner by the facility health care staff and that should
have produced a positive result (such as suboxone, opioid pain killers,
stimulants, and benzodiazepines); or a positive test (other than for a drug or
medication prescribed to the prisoner by a facility health care provider) may
result in a prisoner being disciplined as set out in Department Policy (AF)
20.1, Prisoner Discipline.
4.
Nothing in this policy prevents other criminal justice agencies from collecting
and testing specimens for alcohol or drugs in accordance with their own
policies, whether or not requested to do so by Department staff, or the
facility from using those test results in disciplining a prisoner.
5. Nothing in this policy prevents drug
testing by facility health care staff as ordered by a facility health care
provider for treatment purposes; the reporting of those results to the facility
Chief Administrative Officer, or designee, if the prisoner's safety, the safety
of other prisoners, or security is at risk as shown by the testing results,
e.g., indication of a near lethal dose of a drug, indication of trafficking,
etc.; or the Chief Administrative Officer, or designee from taking appropriate
action based on those test results.
6. Nothing in this policy prevents the
facility from disciplining a prisoner for violations that do not necessarily
involve drug or alcohol use by that prisoner, including, but not limited to,
"Trafficking, Alcohol, Inhalant, Marijuana, or Drug," "Possession, Alcohol,
Inhalant, Marijuana, or Drug," or "Medication" as described in Department
Policy (AF) 20.1, Prisoner Discipline.
7. Each facility Chief Administrative Officer
shall designate a security staff person to serve as the facility Drug and
Alcohol Testing Coordinator. The Coordinator shall be responsible for
overseeing drug and alcohol testing for the facility.
8. Each facility Chief Administrative Officer
shall also designate a security staff person to serve as back up for the
facility Coordinator in his or her absence.
9. At intake, each prisoner shall be informed
of the Department's disciplinary policy as it relates to the use of drugs and
alcohol.
10. Drug and alcohol
specimen collection and testing shall be performed only by facility security
staff and only by using drug and/or alcohol testing systems approved by the
Commissioner, or designee.
11.
Facility staff responsible for testing specimens for drugs or alcohol shall
ensure, if applicable, that testing equipment is working properly. Equipment
problems that cannot be corrected immediately shall be referred to the facility
Drug and Alcohol Testing Coordinator, who shall ensure the equipment is
repaired or replaced.
12. Facility
staff handling biological specimens shall use Universal Precautions as set out
in Department Policy (AF) 18.8.1, Communicable Disease and Infection Control,
Bloodborne Pathogens and Other Infectious Body Materials.
Procedure B: Reasons for Drug and Alcohol Testing
1. A prisoner may be required
to submit to intake drug and/or alcohol testing within 48 hours of arriving at
the reception facility to assist in identifying substance risks and needs. No
discipline shall be imposed on any prisoner for testing positive on an intake
drug and/or alcohol test.
2. A
randomly selected sample of 5% of the prisoner population at each facility
shall be required to submit to drug testing monthly based upon a random list
generated by a computer program.
3.
A prisoner approved for entry into a substance use treatment program may be
required to submit to drug and/or alcohol testing prior to entry into the
treatment program as a condition of entry into the program.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in withdrawal of approval for entry into the program.
The decision whether to withdraw approval for any of the above reasons shall be made by the facility Chief Administrative Officer, or designee, after consulting with the Department's Director of Behavioral Health and the Department's Medical Director.
4. A prisoner in a substance use treatment
program shall be required to submit to testing on at least a monthly basis
after entry into the program as a condition of continued participation in the
program.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in removal from the program.
The decision whether to remove the prisoner from the program for any of the above reasons shall be made by the facility Chief Administrative Officer, or designee, after consulting with the Department's Director of Behavioral Health and the Department's Medical Director.
5. A prisoner minimumsecuritywho has been
approved for transfer to a minimum security facility or minimum security
housing unit may be required to submit to drug and/or alcohol testing prior to
the transfer as a condition of transfer to the facility or unit.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in withdrawal of approval for transfer.
The decision whether to withdraw approval for any of the above reasons shall be made by the Department's Director of Classification, or designee, after consultation with the Chief Administrative Officers of the sending and receiving facilities.
6. A prisoner housed at a minimum security
facility or in a minimum security housing unit shall be required to submit to
drug and/or alcohol testing every three months as a condition of continued
housing at the facility or in the unit.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in transfer to a higher security facility or housing unit.
The decision whether to transfer the prisoner for any of the above reasons shall be made by the Department's Director of Classification, or designee, after consultation with the facility Chief Administrative Officer.
7. A prisoner in a
community transition program (work release, education release, or public
service release) or a prisoner on a work crew that goes into the community
shall be required to submit to drug and/or alcohol testing on a monthly basis
as a condition of continued participation in the program.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in removal from the program.
The decision whether to remove the prisoner from the program for any of the above reasons shall be made by the Department's Director of Classification, or designee, after consultation with the facility Chief Administrative Officer.
8. A
prisoner may be required to submit to drug and/or alcohol testing upon return
to the facility from a community transition program (work release, education
release, or public service release); upon return to the facility from a work
crew that goes into the community; or upon return from any other community
program.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in removal from the program.
The decision whether to remove the prisoner from the program for any of the above reasons shall be made by the Department's Director of Classification, or designee, after consultation with the facility Chief Administrative Officer.
9. A
prisoner may be required to submit to drug and/or alcohol testing upon return
to the facility from furlough pass, furlough leave, or supervised community
confinement.
Refusal to submit to testing or tampering with a test; a negative test for a drug prone to trafficking that was prescribed to the prisoner by the facility health care staff and that should have produced a positive result (such as suboxone, opioid pain killers, stimulants, and benzodiazepines); or a positive test (other than for a drug or medication prescribed to the prisoner by a facility health care provider) may result in removal from the program.
The decision whether to remove the prisoner from the program for any of the above reasons shall be made by the Department's Director of Classification, or designee, after consultation with the facility Chief Administrative Officer.
10.
A prisoner shall be required to submit to alcohol or drug testing when there is
reasonable suspicion that the prisoner is under the influence of alcohol or
drugs; is using alcohol or drugs (other than a drug or medication prescribed to
the prisoner by a facility health care provider); or is in the possession of
alcohol or drugs (other than a drug or medication prescribed to the prisoner by
a facility health care provider).
Reasonable suspicion may arise from the following:
a. refusal to submit to testing or tampering
with a test within the last three months;
b. positive drug test result (other than for
a drug or medication prescribed to the prisoner by a facility health care
provider) or positive alcohol test result within the last three
months:
c. negative test result for
a drug prone to trafficking that was prescribed to the prisoner by the facility
health care staff and that should have produced a positive result (such as
suboxone, opioid pain killers, stimulants, and benzodiazepines) within the last
three months;
d. exhibiting
symptoms of being under the influence of alcohol or a drug, e.g., dilated
pupils, pinpoint pupils, slurred speech, lethargy, being "hopped up,"
etc.;
e. finding in an area
assigned to the prisoner (cell, room, work area, or locker, etc.) drugsor drug
paraphernalia, alcohol, or food or drink that can be used to make alcohol;
f. finding in a common area over
which the prisoner exercises control drugsor drug paraphernalia, alcohol, or
food or drink that can be used to make alcohol;
g. canine alert on the prisoner;
h. reliable confidential informant
information; or
i. any other
circumstance sufficient to give rise to reasonable suspicion.
11. All of the prisoners in a
housing unit or participating on a work crew or in a work or other program may
be required to submit to drug and/or alcohol testing when there is reasonable
suspicion of a high incidence of drug and/or alcohol use in the group of
prisoners (e.g., a large quantity of drugs is found in a common area, a canine
alert on a large number of prisoners in the unit, on the crew, or in the
program, etc.).
12. The facility
Chief Administrative Officer, or designee, shall ensure that there are in place
facility practices to determine when any of the above reasons for drug and/or
alcohol testing exist and to ensure that designated staff enter into CORIS the
name of each prisoner to be tested and the reason for testing.
Procedure C: Urine Collection and Testing for Drugs and Alcohol
1. The staff
responsible for urine collection shall positively identify the prisoner by
matching the name of the prisoner to be tested with the prisoner's name on his
or her identification card and the prisoner's appearance with the picture on
his or her identification card.
2.
The staff shall inform the prisoner that he or she is required to submit to
urine testing and shall inform the prisoner which of the above reasons for the
test applies.
3. The staff shall
ask the prisoner if he or she is taking any drugs or medications prescribed to
him or her by a facility health care provider and, if so, what the drugs or
medications are. As necessary, the staff responsible for the urine collection
shall contact the facility health care staff to verify the information provided
by the prisoner.
4. The staff shall
ensure that the specimen collection area is in a private and secure
location.
5. The prisoner shall be
pat searched prior to producing the specimen to ensure the prisoner is not
carrying a false specimen or material which may be used to contaminate the
specimen.
6. The pat search shall
be conducted by security staff of the same gender as the prisoner, or if the
prisoner is transgender, the pat search shall be conducted as set forth in
Department Policy (AF) 23.08, Management of Transgender and Intersex
Prisoners.
7. The prisoner may be
strip searched prior to producing the specimen to ensure the prisoner is not
carrying a false specimen or material which may be used to contaminate the
specimen.
8. The strip search shall
be conducted by security staff of the same gender as the prisoner in an area
not visible to staff or other persons of the opposite gender, or if the
prisoner is transgender, the strip search shall be conducted as set forth in
Department Policy (AF) 23.08, Management of Transgender and Intersex
Prisoners.
9. The staff shall have
the prisoner wash his or her hands or wear latex or similar gloves prior to
producing a specimen.
10. The staff
shall give the prisoner a direct order that he or she is required to produce a
urine specimen in an amount conforming to the specifications of the
manufacturer of the drug or alcohol testing system.
11. The prisoner shall remain under the
direct observation and control of security staff until the urine specimen has
been collected and tested, and, if applicable, the specimen container sealed
for confirmation testing, unless safety or security considerations, which shall
be described in an entry in CORIS, dictate otherwise.
12. The security staff observing the
production of the specimen shall be of the same gender as the staff conducting
the strip search of the prisoner, or, if no strip search was conducted, of the
same gender as staff who would have been allowed to conduct a strip search. The
specimen shall be produced in an area not visible to staff or other persons who
are not of the same gender as the staff observing the production of the
specimen.
13. If the prisoner
refuses to produce a specimen, he or she shall be informed that refusal to
submit to testing shall result in a Class A disciplinary violation, but that
producing a specimen that tests positive is only a Class B disciplinary
violation.
14. If the prisoner does
not cooperate with any instructions in relation to the testing (e.g. washing
hands, submitting to a strip search, etc.), he or she shall be informed that
this shall be considered the equivalent of a refusal to submit to testing and
shall result in a Class A disciplinary violation, but that producing a specimen
that tests positive is only a Class B disciplinary violation.
15. If the prisoner fails to provide an
adequate urine specimen immediately, the staff shall inform the prisoner that
failure to produce a specimen within two (2) hours shall be considered the
equivalent of a refusal to submit to testing and shall result in a Class A
disciplinary violation, but that producing a specimen that tests positive is
only a Class B disciplinary violation.
16. If the prisoner still fails to produce an
adequate specimen immediately, he or she shall be allowed two (2) hours to
produce one. The prisoner shall be allowed eight (8) ounces of water at the
start of the two (2) hour window to help produce an adequate specimen. If the
prisoner fails to provide a urine specimen in an amount conforming to the
specifications of the manufacturer of the drug testing system within two (2)
hours of having been provided the water, this failure shall be considered the
equivalent of a refusal to submit to testing and shall result in a Class A
disciplinary violation.
17. If the
prisoner claims that his or her failure to provide a specimen or an adequate
specimen is due to a physical or mental condition, the staff responsible for
the urine collection shall contact facility health care staff for verification
of the condition, unless the condition has already been verified by an entry in
CORIS. If the staff responsible for the urine collection is unable to obtain
the verification, the staff shall handle the matter as a refusal to submit to
testing.
18. If the health care
staff or a CORIS entry provides verification that the prisoner has a documented
mental condition that would interfere with the prisoner's ability to provide a
specimen or an adequate specimen, the prisoner shall be strip searched, placed
in a dry cell or other secure area without observation by other persons, and be
allowed two (2) hours to produce an adequate specimen, if the claim was made by
the prisoner at the time he or she was given the direct order to produce an
adequate specimen. If the claim was made later, the time in the dry cell or
other secure area shall be reduced by the amount of time the prisoner delayed
making the claim.
19. If the
facility health care staff or a CORIS entry provides verification that the
prisoner has a documented physical condition that would interfere with the
prisoner's ability to provide a specimen or an adequate specimen, the staff
responsible for the urine collection shall determine from the health care staff
or from the CORIS entry what, if any, reasonable measures could be taken to
enable the prisoner to provide an adequate specimen. The facility Drug and
Alcohol Testing Coordinator, or designated back up staff, shall determine
whether to take any such measures.
20. Once the staff collecting the urine
specimen is confident that the urine specimen is adequate and uncontaminated,
the staff shall direct the prisoner where to place the specimen and the staff
shall ensure the test is activated.
21. Once the test is activated, the prisoner
shall not touch the specimen.
22.
The staff shall follow the testing process specified by the manufacturer of the
testing system.
23. The specimen
shall be in view of the prisoner during the entire facility collection and
testing process, and the facility testing process shall take place in the
presence of the prisoner, unless safety or security considerations, which shall
be described in an entry in CORIS, dictate otherwise.
24. The staff shall read the results of the
test per the instructions of the manufacturer of the testing system.
25. The staff shall as soon as possible
thereafter document the results in CORIS and, if applicable, on the Prisoner
Admission Form (Attachment A).
26.
If the results show a positive test for a drug not prescribed to the prisoner
by the facility health care staff or for alcohol, the staff shall notify the
prisoner of the positive result; show him or her the positive result if asked;
inform the prisoner that if he or she admits that the test is correct, it might
be a mitigating factor with respect to discipline, other actions that may be
taken as a result of a positive test result (such as a privilege level drop
decision, etc.), and approval for programs in the future; and give the prisoner
the opportunity to sign the Prisoner Admission Form voluntarily admitting that
the test is correct in indicating a positive result for a drug not prescribed
to the prisoner or for alcohol.
27.
If a prisoner claims that the reason his or her result for a drug or alcohol
test is positive is due to the retention life of a drug or alcohol that he or
she has previously tested positive for, the staff shall review the previous
drug or alcohol test result and, if necessary, shall consult with the
confirmation testing laboratory or other reliable source to confirm the
detection period for the drug or alcohol.
28. If the results show a negative test for a
drug prone to trafficking that was prescribed to the prisoner by the facility
health care staff and that should have produced a positive result (such as
suboxone, opioid pain killers, stimulants, and benzodiazepines), the staff
shall notify the prisoner of the negative result; show him or her the negative
result if asked; inform the prisoner that if he or she admits that the test is
correct, it might be a mitigating factor with respect to discipline and other
actions that may be taken as a result of a negative test result (such as a
privilege level drop decision, etc.), and approval for programs in the future;
and give the prisoner the opportunity to sign the Prisoner Admission Form
voluntarily admitting that the test is correct in indicating a negative result
for a drug prescribed to the prisoner.
29. If the results show that the specimen has
been tampered with, the staff shall notify the prisoner of the result; show him
or her the result if asked; and give the prisoner the opportunity to sign the
Prisoner Admission Form voluntarily admitting that the test is correct in
indicating a specimen that has been tampered with.
30. The prisoner shall not be allowed to
touch the results, bicker with the staff about the proper reading of the
results or the accuracy or validity of the results, or otherwise disrupt the
drug or alcohol testing process.
Procedure D. Confirmation Testing of Urine Test Results
1. There shall be
confirmation testing of all facility urine tests showing positive test results
for a drug not prescribed to the prisoner by the facility health care staff and
of all facility urine tests showing tampering, unless the prisoner has signed
the Prisoner Admission Form or there is enough other evidence to substantiate a
drug or alcohol related disciplinary violation, such as that the prisoner is
found to be in possession of drugs or drug paraphernalia, the prisoner is
obviously under the influence, etc.
2. There shall be confirmation testing of all
facility urine tests showing negative test results for a drug prone to
trafficking that was prescribed to the prisoner by the facility health care
staff and that should have produced a positive result, unless the prisoner has
signed the Prisoner Admission Form or there is enough other evidence to
substantiate a drug or alcohol related disciplinary violation, such as that the
prisoner has been observed giving the drug to another prisoner, etc.
3. The Chief Administrative Officer, or
designee, may authorize confirmation testing of any other facility urine test
in his or her discretion. This may include, but is not limited to, when there
is suspicion that a prisoner prescribed a drug is trafficking some of it, a
negative result is false, a specimen is contaminated, or a specimen has been
tampered with.
4. If there is to be
confirmation testing, the specimen container shall be sealed, in the presence
of the prisoner, with evidence tape or similar item as provided by the
manufacturer of the testing system. All necessary chain of custody practices
shall be followed, and the specimen shall be stored, handled, and transported
in accordance with the instructions of the testing laboratory which will be
conducting the confirmation testing.
5. The confirmation testings hall be
conducted only by a certified testing laboratory approved by the Commissioner.
The testing laboratory may handle and test specimens for alcohol or drugs in
accordance with its own policies and procedures.
6. A prisoner may be transferred to a higher
security facility pending confirmation testing. The decision whether to
transfer the prisoner shall be made by the Department's Director of
Classification, or designee, after consultation with the facility Chief
Administrative Officer.
Procedure E: Breath Collection and Testing for Alcohol
1. The staff responsible
for breath collection shall positively identify the prisoner by matching the
name of the prisoner to be tested with the prisoner's name on his or her
identification card and the prisoner's appearance with the picture on his or
her identification card.
2. The
staff shall inform the prisoner that he or she is required to submit to testing
and shall inform the prisoner which of the reasons set out in Procedure B for
the test applies.
3. The staff
shall ask the prisoner if he or she is taking any drug or medications
prescribed to him or her by a facility health care provider and, if so, what
the drug or medications are. As necessary, the staff responsible for the breath
collection shall contact the facility health care staff to verify the
information provided by the prisoner.
4. The staff shall give the prisoner a direct
order that he or she is required to produce a breath specimen in an amount
conforming to the specifications of the manufacturer of the alcohol testing
system.
5. The prisoner shall
remain under the direct observation and control of security staff until the
breath specimen has been collected and tested, unless safety or security
considerations, which shall be described in an entry in CORIS, dictate
otherwise.
6. If the prisoner
refuses to produce a specimen, he or she shall be informed that refusal to
submit to testing shall result in a Class A disciplinary violation, but that
producing a specimen that tests positive is only a Class B disciplinary
violation.
7. If the prisoner does
not cooperate with any instructions in relation to the testing (e.g., blowing
steadily into the testing device, etc.), he or she shall be informed that this
shall be considered the equivalent of a refusal to submit to testing and shall
result in a Class A disciplinary violation, but that producing a specimen that
tests positive is only a Class B disciplinary violation.
8. If the prisoner fails to provide an
adequate breath specimen immediately, the staff shall inform the prisoner that
failure to produce a specimen shall be considered the equivalent of a refusal
to submit to testing and shall result in a Class A disciplinary violation, but
that producing a specimen that tests positive is only a Class B disciplinary
violation.
9. If the prisoner still
fails to provide an adequate breath specimen, this failure shall be considered
the equivalent of a refusal to submit to testing and shall result in a Class A
disciplinary violation.
10. Once
the staff collecting the breath specimen is confident that the breath specimen
is adequate and uncontaminated, the staff shall ensure the test is activated.
11. The staff shall follow the
procedure specified by the manufacturer of the testing system.
12. The testing process shall take place in
the presence of the prisoner, unless safety or security considerations, which
shall be described in an entry in CORIS, dictate otherwise.
13. The staff shall read the result of the
test per the instructions of the manufacturer of the testing system.
14. The staff shall as soon as possible
thereafter document the result in CORIS and, if applicable, on the Prisoner
Admission Form (Attachment A).
15.
If the result shows a positive test for alcohol, the staff shall notify the
prisoner of the result; show him or her the positive result if asked; inform
the prisoner that if he or she admits that the test is correct, it might be a
mitigating factor with respect to discipline and other actions that may be
taken as a result of a positive test, such as a privilege level drop decision,
etc., and approval for programs in the future; and give the prisoner the
opportunity to sign the Prisoner Admission Form voluntarily admitting that the
test is correct in indicating a positive result for alcohol.
16. If a prisoner claims that the reason his
or her result for an alcohol test is positive is due to the retention life of
alcohol that he or she has previously tested positive for, the staff shall
review the previous alcohol test result and, if necessary, shall consult with a
reliable source to confirm the detection period for alcohol.
17. If the prisoner does not sign the form
and there is not sufficient other evidence of a disciplinary violation related
to alcohol, a photograph, photocopy, or printout of the positive result shall
be taken and retained in order to provide it to the prisoner as part of the
disciplinary process.
18. The
prisoner shall not be allowed to touch the results, bicker with the staff about
the proper reading of the results or the accuracy or validity of the results,
or otherwise disrupt the alcohol testing process.
19. There shall be no confirmation testing of
alcohol breath test results.
Procedure F: Documentation of Test Results
1. For each drug or alcohol test,
regardless of the result, designated staff shall enter into CORIS the
following, as applicable:
a. prisoner name and
MDOC number;
b. reason for the test
(if reasonable suspicion, describe the basis);
c. any refusal of the prisoner to provide a
specimen;
d. name of staff
collecting the specimen and conducting the test;
e. date and time the test was conducted;
f. type of test (urine or
breath)
g. any problems with
collecting the specimen, the testing process, or testing system;
h. specific test results (the name of each
substance tested for and the result, whether positive or negative, for each
substance);
i. whether the prisoner
signed a Prisoner Admission Form;
j. any other evidence of a drug or alcohol
related disciplinary violation;
k.
whether the specimen was sent out for confirmation testing; and
l. any other relevant
information.
2. If the
reason for the test was reasonable suspicion and describing the basis for the
reasonable suspicion would reveal the identity of a confidential informant,
that part of the CORIS entry shall be designated as confidential and that
information shall not be revealed to the prisoner, except in the form of a
summary that does not reveal the identity of the informant.
3. If the specimen was sent out for
confirmation testing, the specific test results from the confirmation testing
(the name of each substance tested for and the result, whether positive or
negative, for each substance) shall be entered into CORIS as soon as the
results are known.
Procedure G: Actions Taken as a Result of Testing
1. A prisoner who
refuses to submit to testing; tampers with a specimen; produces a urine or
breath specimen that tests positive (unless for a drug or medication that the
prisoner was prescribed by a facility health care provider); or produces a
urine specimen that tests negative (when it should have tested positive due to
the drug being prescribed to the prisoner by a facility health care provider)
is subject to discipline in accordance with Department Policy (AF) 20.1,
Prisoner Discipline.
2. If the
violation is "Test, Positive Alcohol, Inhalant, Marijuana, or Drug Test,"
"Test, Negative Drug Test," or "Test, Tampering with Alcohol, Inhalant,
Marijuana, or Drug Test,"the time frame for the submission of the disciplinary
report begins at the time of the observation by facility staff of the facility
test result or, if applicable, at the time of the receipt by facility staff of
the confirmation test result, whichever is later.
3. In addition to any other applicable action
described above, a prisoner described in Procedure G.1. may be subject to other
actions not in the nature of punishment, including, but not limited to, change
in housing, drop in privilege level, increase in custody level, removal from a
program, transfer to another facility, etc.
4. If a prisoner's conduct might constitute a
crime, the prisoner may also be subject to referral for criminal
prosecution.
5. A prisoner who has
tested positive for alcohol or for a drug that the prisoner was not prescribed
by a facility health care provider shall not be allowed to operate any
equipment or machinery or engage in any other dangerous activity until such
time that the effects of the alcohol or drug have clearly worn off.
Procedure H: Training
1. All staff involved in drug and/or alcohol
collection and/or testing shall:
a. receive
training on this policy; and
b.
complete all relevant manufacturer recommended training.
2. The facility Drug and Alcohol Testing
Coordinator shall be responsible for ensuring the staff are trained.
3. Documentation of the training shall be
entered in the staff's training records.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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