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The existing legislation does not allow prison governors to subject detainees to any drug testing. Drug tests cannot be carried out for safety or control reasons, but only in a medical context or in the framework of a residence in a drug section in which the regular taking of urine samples is intrinsic to that residence in the drug section.What tests/devices are used for drug testing of inmates in your country?
Rapid urine drug testing (combination drug testing for different illicit substances)Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
Quick urine test are considered as final. If the results are contested, the same urine sample is sent to a medical laboratory as soon as possible. In the meanwhile, it is kept in a refrigerator.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
If the test results are negative, all expenses are paid by the penitentiary administration . If positive: the costs are for the detainee. Special Remarks or Comments
In order to test detection of drugs use in Catalan prisons is required to be registered in one of the various existing drugs programs. The inmates have to sign a behavioral commitment giving their permission to practice these tests. Totally random dates are scheduled for the test and that date is required to the inmate to practice it. A professional of the prison center will be monitoring the collection which has to be sent inmediatly to the laboratory. When the lab determines the results of the test it’s communicated to the Centre, which communicates the result to the inmate.What tests/devices are used for drug testing of inmates in your country?
Currently the prisons of Catalonia are using exclusively urine tests, which are analyzed in a laboratory hired to provide results of the use of different substancesAre quick (urine) test considered as final or you send the samples to the laboratory for further examination?
There aren’t urine rapid test in Catalonia. The urine is collected and sent to the laboratory. Few days after the lab give us the results of the analysis of the various substances determined. In addition, these results can be the object of a counter analysisIf samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
In our protocols is expected that the inmate assume the cost of the counter analysis (or further examination), only if he is in a position to assume the economic means to do so. But we must say that very few practiced against analysis, since urine tests performed have a very high reliability. In addition, inmates of Catalan prisons have few financial resources. Given that, if an inmate does not have the economic resources and calls for further examination after a previous result ...the correctional administration will pay the costs.Special Remarks or Comments
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Since 2004 it has been a requirement for zero - tolerance policy , to be implemented screening drug testi of all inmates , to an extent corresponding to at least 2 %.50% of all urine drog test are taken randomly. The urine control are detecting 7 different drogs: THC/cannabis, opiater, amfetamin metamfetamin, benzodiazepiner, cocaine and metadon.What tests/devices are used for drug testing of inmates in your country?
We have used different plate test. Now we are using a brand called "FERLE DRUG TEST" a urine drog test ( a plate test with pipette).Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
If the inmate complains about the result of the urine test, the urine sample are send to the laboratory for further examination.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The penitentiary administration.Special Remarks or Comments
Drug tests are usually taken with quick urine tests in the prison. A prison guard of the same sex directs the inmate to a place intended for drug testing and supervises the giving of the sample. The tests are usually taken when the inmate applies for permission for a leave, a meeting or participation in a program conditional on the inmate being sober. A test can also be taken if there is reason to suspect that a prisoner is under the influence of alcohol, another intoxicant or a doping substance. About 30 000 quick urines tests are taken each year. In case the result is positive, the sample is sent to the laboratory of the National Institute for Health and Welfare which confirms the resuls. Even if the test result is negative the sample can be sent for further testing if the intoxication is evident. If the inmate refuses to give a sample, two officials may assert that the inmate is abusing substances. Drug tests may in addition be taken for purposes relating strictly to the health care monitoring carried out the Health Care Unit.What tests/devices are used for drug testing of inmates in your country?
Quick urine test, quick saliva test and breath analyzer test. In practice the urine tests are used because of its affordability and proficiency.Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
Positive tests are always sent to the laboratory for further examination.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The penitentiary administration is always paying for the tests.Special Remarks or Comments
Currently drug testing is conducted on persons committed to the care of the Irish Prison Service for the following reasons: 1. Where clinically indicated on committal to custody; 2. As part of medically generated toxicology testing; 3. As a result of an order of the Court, either prior to sentencing or prior to sentence reviews; 4. As part of the ongoing monitoring of offenders in Drug Free Units; and 5. For reasons of security and maintenance of good orderWhat tests/devices are used for drug testing of inmates in your country?
UrinanalysisAre quick (urine) test considered as final or you send the samples to the laboratory for further examination?
NoIf samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
Irish Prison ServiceSpecial Remarks or Comments
From the point of view of legislative framework, it is important to underline that since 2008 the penitentiary healthcare service was transferred to the Regional Administration of our country, namely the local Healthcare Agencies - Services for Addictions (so-called SER.T). Therefore, the Penitentiary Administration does not collect any national data, but there are only some regional data available, which are not homogenous. The procedures for testing protocols are different from region to region. Generalizing, in a large part of the Italian prisons, anti-drug tests are performed either to confirm the substance abuse in case the inmates are not known to the Service for Addictions or to detect possible opiates addiction in the absense of signs and/or clinical evidence of pathologies connected to such addiction.What tests/devices are used for drug testing of inmates in your country?
In a large number of the Italian penal establishments drug speed tests (urine) are in use.Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
In 90% of the cases the speed tests are considered final. In 10% of the cases hair analysis are carried out in specialized laboratories.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The costs for carrying out any kind of drug testing are borne by the Italian health system.Special Remarks or Comments
Regulations No. 918 of the Cabinet of Ministers of December 6, 2005 “The procedure according to which the arrested and imprisoned persons in places of imprisonment are inspected with the purpose to ascertain the use of alcohol, drugs or psychotropic substances” regulates the procedure according to which inmates in Latvian prisons are inspected to ascertain their drug or psychotropic substance use. In accordance to the before mentioned Regulations, if there are suspicions that the inmates in the place of imprisonment have used drugs or psychotropic substances, tests are used for quick determination of drugs and/or psychotropic substances in biological environments. If the quick drug and psychotropic substance test results are positive, further tests takes place according to the procedure as set in the normative act of alcohol, drug, psychotropic and toxic substance effect test – i.e., further medical tests are carried out by sending samples to a medical facility.What tests/devices are used for drug testing of inmates in your country?
In Latvian prisons quick urine tests are utilized to determine drug and psychotropic substance use.Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
The quick drug and psychotropic substance urine test is not considered as final. If the result of the fast test is positive, further medical tests are carried out by sending samples to a medical facility.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
When carrying out a medical examination, based on a referral, the costs of the examination are covered by the sender (place of imprisonment). If during the medical examination the use of drugs or psychotropic substances is confirmed, the costs of the examination are covered by the person who is tested (inmate).Special Remarks or Comments
There is no automatic and systematic drug testing for inmates. However if an inmate indicates that he / she a drug addict a drug testing procedure exists. If so, the inmate will have a surgery at the hospital to have some blood and urinary tests. In the case the test results are positive, the inmate will be taken in charge by a service of the hospital, dedicated to patients who suffer from drug addictions, which will define a care protocol.What tests/devices are used for drug testing of inmates in your country?
Blood and urinary tests.Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
All the tests are done at the hospital and are directly examinated by the laboratory ofthe hospital.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The prison (Maison d'arrêt) pay for all the tests: drug testing, blood an urinary tests as well as medical care.Special Remarks or Comments
In accordance with Article 72 of the Rules on the execution of prison sentences in the Institute for execution of criminal sanctions is permissible, in case of doubt of the use of psychoactive substances or alcohol, to test sentenced person by taking his blood or urine according to the rules of the medical profession, or using the appropriate testWhat tests/devices are used for drug testing of inmates in your country?
In the Institute for execution of criminal sanctions tests for the pills Subotex are used, and special tests for the presence of other drugs (in total of 10)Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
Fast urine test is considered final and so far it is not registered even single case of sending a specimen to a laboratory for further testingIf samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
N/ASpecial Remarks or Comments
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Legal ground for conducting drug testing is found in the Execution of Sentences Act (straffegjennomføringsloven) § 29. Norwegian Correctional Service can impose drug testing by urine test, breathalyzer or blood samples from inmates. The aim is to uncover potential illegal use of drugs, narcotics- anaesthetic-, anabolic- or other chemical substances which is not legally prescribed. Two officers from the prison are present when an inmate is tested for illegal use of drugs. The inmate signs a control form to make sure that correct procedure is followed.What tests/devices are used for drug testing of inmates in your country?
Samples of urine from the inmate are most commonly used to control drug abuse in Norwegian prisons. On average a total of 23.000 urine samples are submitted every year. Around half of these are drug tests sent directly to analysis in laboratory and the other half is so-called quick tests (also urine) which gives and indication right away. These quick tests are used by the Correctional Service, police and customs. The Norwegian Correctional Service considers to substitute the urine samples, including the quick test with saliva test analyzed in laboratory starting from this year.Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
When a quick test shows positive readings on illegal drug, the test can be used as ground for sanctions towards the inmate. To do so, the inmate must admit drug abuse and accept the result from the quick test. In addition it must otherwise also be apparent for prison officers that the inmate is in fact drug affected. If the inmate denies having used illegal drugs, another urine test is taken and sent to laboratory for verification.If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The Norwegian Correctional Service carries all cost in relation to drug testing.Special Remarks or Comments
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There are 3 main types of drug testing in operation within SPS prison establishments. It is important to understand the application and limitations of each. 1. Drug testing for medical purposes: 1)can only be carried out by medical and nursing staff, with the informed consent of the prisoner; and 2) the results of tests are confidential, never disclosed outside of the Health care department without the informed, written consent of the prisoner; the sole purpose of the test is to assist in formulating the appropriate treatment for the prisoner. 2. Non-medical voluntary drug tests 1) often undertaken as part of a voluntary agreement with the prisoner; 2) tests may be carried out by non-medical or non-nursing staff, depending on the nature of the agreement; 3) the informed consent of the prisoner to the tests must be obtained, the prisoner must sign to agree to the terms of the agreement, and it must be clear what he/she is signing for (i.e. types of test, likely frequency, response to a positive test etc.); 4) prisoners must not be coerced into "volunteering" for tests and they must be free to opt out of the tests with no significant penalty (e.g. stopping temporary release for anyone who did not "volunteer" for tests would amount to a very significant level of coercion and as such would be unlawful); 5) the response to one or more positive tests may be exclusion from the agreement and/or other administrative action agreed as part of the agreement; and disciplinary action for drug misuse cannot be taken where the only evidence is based on a voluntary drugs test; the penalties for testing positive on a voluntary drugs test must be limited to administrative measures. 3. Compulsory drugs tests are carried out under the terms of Section 41B of the Prisons (Scotland) Act1989 and Prison Rule 93; see Annex A below. disciplinary action may result from a positive test (under Prison Rule 117); and certain conditions must be fulfilled when samples are taken for use for compulsory drug tests; these are outlined in the remainder of this section. Selection of prisoners for testing for Non-medical voluntary tests & Compulsory The selection of prisoners for testing must be carried out with care, in order to prevent prisoners from having an opportunity to conceal false samples or adulterants. The selection process also needs to be demonstrably fair, to avoid any possibility of legal challenge. To prevent prisoners from having any opportunity to adulterate or falsify samples: a. make the selection as unpredictable as possible by: b. varying the time of day when samples are collected; c. ensuring that the collection programme is spread out over the month to provide the maximum deterrent effect; d. not warning the prisoner that he/she has been selected; e. escorting prisoners immediately to the sample taking area, so as not to give them an opportunity to pick up false samples or adulterants. f. ensure that the information about the planned programme of tests IS kept secure and limited to only those staff who need to know. In order to prevent any bias, or appearance of bias, in the selection process, prisoners must only be selected for testing on appropriate grounds and with the correct level of authority. This is described more fully in Section 3 of this Manual. Requiring prisoners to provide a sample Rule 93 provides the basic conditions that need to be satisfied if a requirement to provide a sample is to be considered lawful. When requiring a prisoner to provide a sample, the officer taking the sample must: a. check that written authority for the test has been obtained from an authorising officer and is included on the authorisation form; b. issue the prisoner with the authorisation form; c. check that the prisoner understands the authorisation form; d. issue the prisoner with a translation of the form, if necessary; and e. ask the prisoner to complete the medical disclosure section. Prisoners who refuse to attend the site to provide a sample or who refuse to provide a sample when required to do so are to be placed on report for disobeying a lawful order. Collecting the sample Detailed instructions on the procedures to be followed during the collection of the sample are contained in Scottish Prison Service – Point of Care Testing – Prisoner Management – Mandatory (issued by the contracted laboratory). A summary is provided below on each of the elements involved in the collection process. Key elements of sample collection procedure: a. chain of custody: the chain of custody provides a practical framework for collecting samples correctly, protects against legal challenge and ensures that the Governor can be satisfied beyond reasonable doubt that the test result before him/her relates to the sample provided by the accused prisoner.. b. preparation of collection site: the site must be searched and cleaned before each sample is collected. c. preparation for sample taking: one, and only one, sample collection kit should be prepared, blueing agent should be added to toilets and/or fresh water cisterns to prevent the prisoner from adulterating the sample with water. d. selection and searching of prisoner: prisoners must be selected without prior warning and the level of searching should be approved by the Governor and be the minimum necessary to prevent cheating by the prisoner. The prisoner must be given a copy of the authorisation form and asked if he/she understands the form. The prisoner must be asked to sign the consent for medical disclosure. e. privacy for prisoner: when providing the sample, prisoners should be allowed as much privacy as is consistent with the need to prevent cheating by the prisoner. f. provision of sample: ensuring that sufficient urine is provided and any opportunity to cheat is minimised. g. filling and sealing sample bottles: the sample must be transferred to bottles and sealed in the presence of the prisoner. h. storing and dispatching samples for analysis: samples must be refrigerated if stored and then packed into transit bags and despatched to the laboratory with the necessary documentation. Chain of custody The chain of custody provides a legally defensible system of controls recording the progress of any sample from the point of collection to the declaration of the results. It is designed to link the sample with the donor and the result with the sample. To ensure that the results of any positive urine tests can be relied upon and defended against legal challenge, all samples must be collected and packaged for despatch to the testing laboratory, strictly in accordance with the chain of custody procedures adopted by the Scottish Prison Service. Selection and searching of prisoner The prisoner must be given a copy of the authorisation form and asked if he/she understands the form. The prisoner must be asked to sign the consent for medical disclosure, indicating whether or not he/she has taken prescribed medication issued by Health Care and, if he/she has taken medication, to give consent for this information to be disclosed by Health Care. Before providing the sample, the prisoner must be searched thoroughly and must wash his/her hands, without using soap. Prisoner privacy when providing samples Rule 93 (8) states that "a prisoner required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex ". Article 3 of the European Convention on Human Rights specifies that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment". Legal advice received is that the requirement to provide a sample of urine, even in the direct view of a prison officer of the same sex, would not constitute degrading treatment. The Gender Recognition Act 2004 provides that where a person holds a gender recognition certificate they must be treated according to their acquired gender (Data Protection Act 1998 which deals with processing sensitive personal information) Nevertheless, when providing a sample, the privacy of a prisoner should not be infringed unnecessarily. The level of privacy allowable as standard should be agreed by the establishment, as should any deviations from this level of privacy which may be considered necessary. The agreed level of privacy should not be reduced unless a particular prisoner is suspected of cheating, or has cheated on a previous occasion, or the level of cheating in the prison is such that samples have to be collected with less privacy allowed to all prisoners. Provision of sample When providing the sample, the prisoner must be told precisely what is required and what level of urine is needed in the collection cup. The chain of custody procedure form must be completed. Throughout the process from the point when the prisoner is searched through to the point when the sample is sealed and packed securely, the following people must be present and able to observe all procedures throughout the collection process: 1. the prisoner, 2. the officer taking the sample and 3. a second officer as witness. If any of these have to leave the room for any reason, the process must be halted and started again. If, however, the prisoner refuses to co-operate further after handing over the sample, this will not invalidate the collection process. The actions of the prisoner must be recorded on the chain of custody form. Any prisoner who refuses to provide a sample should be warned and if they persist in refusing, they will be charged under Rule 117 (paragraph (12) of Schedule 1) with "disobeys any lawful order". Any prisoner who states that they are unable to provide a sample at that time should be confined under the provisions of Rule 93. If a prisoner fully complies with the requirement to provide a sample, but the sample is invalidated for a reason which is not the fault of the prisoner (e.g. one of the 2 members of staff leaves the room before it is sealed or a member of staff knocks over the sample), then the prisoner can be confined for up to a total time of 5 hours during that sample collection session and asked to provide a further sample. If, however, at the end of that 5 hour period the prisoner has not produced a second sample, they cannot be charged with disobeying a lawful order. The prisoner will already have complied with the original order and issuing a second order to provide a sample immediately following the first may be considered an unreasonable requirement. In these circumstances, the prisoner should be required to provide a further sample on a different occasion. Filling and sealing sample bottles Bottles are filled from the collection cup. For legal reasons, it is important that the 2 bottles sent to the laboratory hold equal amounts of urine. All bottles are supplied by the laboratory and must be sealed, using the laboratory supplied tamper-evidence seals. The prisoner must be asked to sign the declaration on the chain of custody form. If the prisoner refuses to sign, he/she should not be pressurised to do so. It should be confirmed that the following tasks have taken place and the prison officer should enter in the signature box the words: "Prisoner refused to sign, reason for test explained, correct procedures followed and demonstrated to prisoner". The second prison officer should initial the form against these words. All bottles are sealed in front of the prisoner. The chain of custody procedure form must be completed and the tear- off section, together with 2 bottles, placed in the chain of custody bag and sealed, the sealed bag initialled by the prisoner, ready for dispatch to the laboratory. Storing and dispatching samples for analysis Between collection and despatch to a laboratory for testing, all samples must be stored strictly in accordance with the chain of custody procedures. Key elements of storage procedures: 1. The sample will be held under the direct control of the officer who collected it, until stored in a secure area. 2. Samples may be held in a refrigerator for up to 6 days and must be transferred to a freezer, if required to be held for any longer period. 3. Access to the store of samples will be limited strictly to those staff approved by the Drug Testing Co-ordinator and trained in the procedures for the collection, handling and storage of samples. When transporting to the laboratory, the sealed sample should be removed from the refrigerator and placed into outer postage envelope. Each sample is posted in an individual envelope. Arrangements for confinement of prisoners The purpose of confinement is to ensure that prisoners are held securely whilst they are waiting to provide a sample and in circumstances where they cannot undermine the testing procedures by concealing false samples, or taking adulterants, which might mask the use of illicit drugs, or by consuming large quantities of water, which would make analysis of the sample difficult. Authority for confinement The authority for confining prisoners for specific periods during the process of collection of samples is contained in Rule 93. This authority is limited strictly to very particular circumstances and its use must be carefully recorded and monitored. Rule 93 (6): A prisoner who is to be required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour, to enable arrangements to be made for the provision of the sample. While authority should normally be obtained and the collection site prepared before prisoners are escorted to the site, this may not always be possible. Prisoners may, for example, be escorted to the site in groups and may be confined while awaiting the opportunity to provide their sample. In addition, circumstances may occasionally occur where a prisoner is suspected of misusing drugs, which require the prisoner to be confined at short notice and where delay would provide him/her with the opportunity to take action to subvert the test. Rule 93 (7): A prisoner who is unable to provide a sample of urine when required to do so may be kept apart from other prisoners until he has provided the required sample, save that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours. Prisoners may, on occasion, be unable to provide a sample immediately when required to do so and may need time and possibly access to fluid to assist them to provide the required sample. Four hours, with one additional discretionary hour, as outlined below, with controlled access to fluids, will provide prisoners with sufficient opportunity to overcome any temporary difficulty in providing a sample. The confinement area The confinement area should be situated close to the collection site to enable the sample collecting officers to have ready control over the entire process and to avoid the need for excessive movement between different sites. The confinement area, whether a waiting area close to the collection site or a cell elsewhere, should provide the following: 1. The basic security required for any confinement, including the ability to segregate prisoners and control of all movement to and from the area; 2. controlled (i.e. limited) access to water, at a rate of not more than 250ml every 20 minutes; 3. adequate supervision of prisoners and checks and procedures in place to enable prisoners to be brought back to the sample taking area as soon as they are ready to provide a sample. If the segregation block is to be used because there are no other practical alternatives, then the prisoner must be informed and understand that his/her confinement is for practical reasons and that it is not being carried out as a punishment. Procedures for the confinement of prisoners unable to provide a sample on request Prior to any confinement, prisoners must be asked directly if they need access to medication of any type over the next 5 hours. If they do, then a member of Health Care must be notified, in order that the prisoner can discuss the need with Health Care staff and appropriate action can be taken. A sign should be placed in the waiting room and confinement area asking prisoners to let staff know immediately if any such medication is required. During the confinement, prisoners should be provided with access to not more than 250ml of water every 20 minutes, to assist him/her in providing a sample (do not provide all the water at once). During the confinement period, the sample collecting officer should assess the attitude of the prisoner and act accordingly. Any prisoner: a. who is blatantly unco-operative during their confinement, despite warnings, may be charged under Rule 117 with disobeying a lawful order without waiting for the end of the 4 hour period. b. who is suspected of being unco-operative, but not blatantly so, should be warned that after 4 hours, the confinement is likely to end and they will then be liable to a charge of disobeying a lawful order; c. who appears to be co-operating, but who appears to be affected by the close level of supervision and the pressures of producing the sample to time, may be permitted more privacy and time; and d. who appears to be co-operating, but is unable to provide a sample within 4 hours may be permitted a further hour if the officer believes this will help. Difficulties in providing a sample whilst held in confinement The majority of prisoners required to provide samples will be able, given access to a reasonable amount of water, to provide sufficient urine either immediately or within a short period of the request. Expert advice received is that a normal person, provided with the levels of water specified, should be capable of providing the required quantity of urine after 2 hours (assuming an empty bladder to start with). There will, however, be a limited number of prisoners who will experience greater difficulty in complying and will require more time and special treatment and a further group who may be tempted to try to use this as an excuse in order to evade the test procedures. Some prisoners may have a psychological condition which prevents them passing a sample if they are observed or pressurised. The prisoner may or may not have experienced the problem on a previous occasion. The problem may or may not be linked to other, more serious, psychological problems; it may be more common amongst young offenders than with adult prisoners. If a prison officer suspects that a prisoner cannot provide a sample because of this problem, then there are 2 approaches that can be tried. First, the prisoner must be allowed more time at the toilet/urinal without the time pressure to provide an immediate sample and without direct observation. If this fails, the prisoner, after a full strip search, may be provided with a sample collection cup and allowed to provide a sample in complete privacy in a cell with internal sanitation (water must be blued and the flush must not be accessible from inside the cell). It must be remembered, however, that some prisoners might attempt to engineer these circumstances as a ploy to gain more privacy in order to cheat and some may do this simply to be awkward. As ever, the judgement of the prison officer is crucial. Access to Health Care staff when held in confinement During the confinement period, prisoners may be asked if they wish to discuss their inability to provide a sample with a Nurse. This may be done after 2 to 3 hours (but before the 4 hour point is reached) and at any time where the officer believes that the prisoner is having genuine difficulties in providing a sample. Section 7 provides more information on this aspect of confinement. If a prisoner is charged with disobeying a lawful order, they can still bring forward evidence at the Orderly Room of any valid reason (medical or otherwise) as to why they were unable to provide a sample in the period given. Receiving and processing test results Following analysis of the sample, test results will be sent to the prison via e-mail. A number of actions need to be taken when the results are received. It is important that these actions are taken promptly, when disciplinary measures are being considered. Screen test results All negative screen tests are to be logged, entered on to PR2 and filed. The following actions should be taken in response to a positive screen test: results are logged. 1. within 24 hours of the positive results , PR2 checks must be made to ensure that the prisoner was in prison custody when the drug was taken. 2. during this period, checks should be made with Health Care to see if the positive result may have been due to prescribed medication. No checks should be made unless the prisoner has given consent for disclosure of information from medical records or if the prisoner has stated that they have not taken any medication recently. 3. if the PR2 checks shows that the prisoner was in custody when the drug was taken and there is no reason to suppose the positive result was due to properly prescribed medication, then sufficient evidence exists to state that a disciplinary offence is likely to have been committed. 4. the CDT staff must then place the prisoner on report as soon as possible and, apart from exceptional circumstances, within 48 hours of discovery of the offence. 5. all prisoners should be informed of the result of their test, including those who test negative. Checking for prescribed medication Checks should be made to see if the positive result might have been due to prescribed medication, although this will be unnecessary if the positive result is due to cannabis, cocaine or LSD. Checks can only be made if the prisoner has signed the consent on the authorisation form. If the prisoner has signed to say that no medication has been used, then checks are unnecessary. If the prisoner has not signed at all, then checks cannot be made. If checks for prescribed medication are necessary, then a copy of the screening test report form is attached to the authorisation form and sent to Health Care for disclosure of all medication that the prisoner may have taken in the 30 days prior to the sample being taken. Note that this is not the same as all medications issued in the last 30 days; the prisoner may have been given medication a month ago for use over a month period. If the disclosure of medication shows clearly that the positive test result was almost certainly due to prescribed medication (e.g. the prisoner tests positive for methadone or benzodiazepines and these have been prescribed), then the prisoner should not be charged. If the test was carried out at a laboratory, the laboratory must be told that the result was due to prescribed medication, so that they can exclude this result from the statistics reported to Headquarters. This is particularly important in tests undertaken as part of the Prevalence Testing programme, which forms the basis for statistics on drug misuse. To do this, the prison must enclose the medical information with sample when sent to the laboratory with the request for confirmation. Requesting and receiving confirmation test results Confirmation tests should normally only be requested if the prisoner has tested positive on a screen test (not discounted as medication). The laboratory should be sent the screening test report form , and the details of medication (if necessary) and the request for confirmation completed at the foot of the form. The result will be returned within one week of receipt of the request and should be logged. When the confirmation test result is received, arrangements should be made to place the prisoner on report in response to the positive result. NOTE: The laboratory will send a report to the prison, reminding it of any samples it has held for more than a year on which no action has been requested and will dispose of these samples, unless directed otherwise. Health and Safety The health and safety of staff and prisoners involved in the collection of samples of urine will be protected by the adherence to the simple instructions outlined in Section 5. These key instructions are summarised below: 1. no sharp instruments in collection site; 2. protective clothing worn at all times; 3. contaminated equipment disinfected or disposed of correctly; 4. hands to be washed thoroughly after each sample collection or after contact with any urine; and 5. all injuries to be dealt with immediately. Issues specific to women prisoners Degree of privacy afforded to women Because of the physical and to some extent, cultural, differences between males and females in relation to urination, the direct observation of women when providing samples may be less acceptable to staff and prisoners than the direct observation of male prisoners. If establishments wish to offer less privacy to female prisoners in order to prevent cheating, then they may do so, provided that this additional intrusion into the privacy of the prisoner does not amount to degrading treatment (and as such, is open to challenge under Article 3 of the European Convention on Human Rights). In addition, Rule 93 expressly provides that a prisoner is to be afforded such degree of privacy as is compatible with the need to detect adulteration or falsification of the sample. Any increased level of observation must, therefore, be justifiable, as a proportionate response to the threat of cheating from prisoners. What amounts to degrading treatment is open to interpretation. Legal advice received is that requiring a female prisoner to provide a sample in a cubicle with the door ajar, or with a half-door fitted, and with a prison officer observing from outside the cubicle would not be considered as degrading treatment under ECHR Article 3, provided that this can be justified as a proportionate response to the threat of cheating. Prisoners not suspected of cheating should be offered more privacy, whilst those strongly suspected of cheating, or those shown to have cheated in the past, could be required to provide a sample with little or no privacy. Rule 93 prohibits supervision of sample collection by staff members of the opposite sex to the prisoner. Aside from the legal considerations, any decision to impose a form of sample taking involving a great degree of observation of the prisoner should first be discussed with the staff who will be supervising sample collection. In order to help overcome the problem of cheating, extra effort should be put into the practical arrangements for collecting samples as follows: 1. prisoners required to provide a sample should be detained without any warning whatsoever and sample collection should not be undertaken at routine times of day or days of week. 2. thorough searches should be carried out prior to sample provision. 3. temperature checks on the sample may reveal any which have only recently been concealed internally. 4. stale urine has a particularly unpleasant and characteristic smell and officers should be alert to this. Women with babies Mothers should expect to leave their babies when they are required to provide a sample for drug testing purposes. It is not desirable for babies to be brought into the sample-taking station. [The mother/babies unit admission guide is to be amended to specify that mothers must be prepared to undertake urine tests as a pre-condition of acceptance onto the unit.] Special arrangements must be made for mothers who are required to be confined for several hours if they cannot provide a sample quickly. Mothers must not be separated from their babies for lengthy periods. Pregnant women Pregnant women must not be excluded from drugs tests. Pregnant women, particularly those in later stages of pregnancy, who are unable to provide a sample quickly, must not be confined for lengthy periods in confinement cells. In these circumstances, women should be held back in their own cells, or a suitable holding area, preferably with supervision, until they are able to provide a sample. Menstruation Menstruation is not to be considered as an acceptable excuse for not providing a sample. Contamination of the sample by menstrual blood is a possibility, but is seldom seen in urine sample collection programmes. If this does happen, the laboratory will advise on whether it is still possible to analyse the sample. Exclusions on religious and cultural grounds Advice on this issue has been taken. There are no valid exclusions from providing a urine sample for these purposes if this assists the prison in maintaining law and order. Some religions (Sikhs, Muslims and those of the Jewish faith) will not allow viewing of the genitalia. Even here, if absolutely essential, this prohibition may be relaxed in the wider interests of enforcing law and order within the prison. Women from the Muslim or Jewish faiths would be strongly opposed to exposing blood and therefore, to providing urine samples if this contained traces of blood (as may happen occasionally during menstruation). This does not mean that these prisoners should be excluded automatically from drug tests. If a woman prisoner from one of these faiths declines to provide a sample on these grounds, perhaps following an attempt to provide a clean sample if this can be done in privacy, then this should be taken into consideration in any decision to bring disciplinary proceedings against the prisoner. If a prisoner refuses to provide a sample on grounds of religion and is charged with disobeying a lawful order, then the Governor will need to consider each individual case on its merits and decide to what extent a genuine religious belief can be used as mitigation at the Orderly Room. ANNEX A (1) This rule applies where an officer, acting under the powers conferred by section 41B of the Act (testing prisoners for drugs), requires a prisoner to provide a sample for the purpose of ascertaining whether he or she has any controlled drug in his or her body. (2) In this rule "sample" means a sample of urine, saliva or any other description of sample specified in the authorisation by the Governor for the purposes of section 41B of the Act. (3) When requiring a prisoner to provide a sample, an officer must, so far as is reasonably practicable, inform the prisoner— (a) that he or she is being required to provide a sample in accordance with section 41B of the Act; and (b) that a refusal to provide a sample may lead to disciplinary proceedings being brought against the prisoner under Part 11. (4) A prisoner who is required to produce a sample under this rule must provide a fresh sample, free from any alteration or falsification. (5) An officer requiring a sample must make such arrangements and give the prisoner such instructions for the provision of a sample as may be reasonably necessary in order to prevent or detect any alteration or falsification of the sample. (6) Subject to paragraph (7), a prisoner who is required to provide a sample under this rule may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample. (7) A prisoner who is unable to provide a sample of urine when required to do so under this rule may be kept apart from other prisoners until he or she has provided the required sample, but not for a period in excess of 5 hours. (8) When providing a sample of urine— (a) the prisoner must be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any alteration or falsification of the sample; and (b) the prisoner must not be required to provide such a sample in the sight of a person of the opposite gender.What tests/devices are used for drug testing of inmates in your country?
Please see procedure on question 1Are quick (urine) test considered as final or you send the samples to the laboratory for further examination?
No, please see procedure on question 1If samples are sent to the laboratory for further examination who’s paying for that: an inmate or penitentiary administration?
The SPS pays the cost of any 'confirmation' test if the prisoner has tested positive on a screen test but disputes the positive tests results. If the prisoner requests an independent test then he/she is responsible for the cost.Special Remarks or Comments
Supported by the Justice Programme of the European Union