S.07 Drug and alcohol testing

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Drug detection is aimed at detecting and preventing the supply of drugs into prison with the medium-long term objective to reduce re-offending by reducing drug use in prison and post release.

S.07.01 Drug and alcohol testing criteria

  1. Prisoners may be required to submit to any prescribed procedure for the purpose of detecting whether or not they have used drugs or alcohol or both in the following situations:
    1. Prisoner has been selected under random testing programme (has spent 30 continuous days in prison and has more than 10 days to serve), or
    2. Prisoner is a voluntary participant in any programme and has agreed to submit to a urine analysis test as part of that programme (includes IDUS Voluntary check IDU-VC category), or
    3. Prisoner has returned from a period of temporary release from custody, under [section 62 of the Corrections Act 2004], and have not served more than 14 days, or
    4. The general manager custodial, or any staff member authorised for the purpose by the general manager custodial, suspects on reasonable grounds, that the prisoner has without the authority of a staff member who is a nurse, used or consumed any drug or alcohol or both. (Does not apply to a prisoner that is within 10 days of release date).

S.07.01.01 Random testing programme

  1. The general manager custodial must ensure that the name of a prisoner to be tested under a random testing programme is not disclosed to any prisoner (including the prisoner selected for testing) until the prisoner is required to produce a urine sample.

S.07.01.02 General random

  1. Established to collect information about patterns of drug use and alcohol consumption by prisoners in order to develop, monitor, and evaluate the drug and alcohol strategy and
    1. to permit assessment and appropriate management of prisoners in relation to their drug use and alcohol consumption
    2. to deter drug use and alcohol consumption by individual prisoners
    3. to check compliance with conditions attached to a prisoner's participation in any programme and
    4. to reduce the risk of personal injury or property damage that may arise if a prisoner is under the influence of drugs or alcohol.

S.07.01.03 Temporary release testing

  1. Established to deter drug use and alcohol consumption by prisoners who are temporarily released from custody and to check compliance with conditions attached to the temporary release of a prisoner under that section.
  2. Applies to all prisoners who have been temporarily released from custody from prison and who have not served more than 14 days since returning to the prison at the expiry of that release or period of removal.

S.07.01.04 Reasonable grounds testing

  1. All requests for testing must be accompanied by an incident report or a security intelligence report signed by the general manager custodial or staff member authorised for the purpose by the general manager custodial, approving the “reasonable grounds”.
    Watch Point

    The general manager custodial or staff member authorised for the purpose by the general manager custodial to sign the report
    must enter their name and write “approved” in the incident follow up section approving “reasonable grounds”.

  2. Where possible, all reasonable grounds tests must occur within seven days from the day the incident report is issued. If the test is not able to be completed within seven days due to operational limitations, or as outlined in point 3 below, the test should be cancelled.
  3. If prisons or regions find that the number of randomly selected prisoners is reducing their ability to test under reasonable grounds, voluntary participant in a programme and identified drug user voluntary check, the prison should contact the National Intelligence Unit (NIU). The NIU will consult with the prison and if necessary will review / alter the annual testing targets.

S.07.02 Drug and alcohol testing register

  1. The general manager custodial, or any other staff member authorised for the purpose by the general manager custodial, must enter, in a register in IOMS, a record of any direction under [section 124 of the Corrections Act 2004] to a prisoner to provide a urine sample, and the result of the sample analysis; and any random testing programme that is operating, including summary of the results of that programme.
  2. The general manager custodial must, on request, send a copy of, or an extract from, the record kept under this procedure to the Chief Executive.
  3. If recording cancellation of test see POM S.07.Res.02 Cancellation of tests.

S.07.03 General requirements urine sample collection

  1. A prisoner must be required to provide a urine sample only at a reasonable time, unless the general manager custodial or any other staff member authorised for the purpose by the general manager custodial suspects, on reasonable grounds, that the prisoner has committed an offence against section 129 or section 130 of the Corrections Act 2004.
  2. A prisoner who is required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoner has used drugs, or consumed alcohol, or both, may, immediately before the prisoner supplies a sample, be required to undergo a strip search conducted by an officer, but only if the nature of the required procedure is such that there is a risk that the prisoner may dilute, contaminate or otherwise tamper in any way with the sample; and a strip search is necessary to ensure that such dilution, contamination or otherwise tampering does not occur.
  3. The designated collection officer must, after the prisoner is taken to the designated sample collection area; positively identify the prisoner, either through an officer’s personal knowledge of the prisoner, or by an identification photograph. And verify the prisoner’s PRN number or drivers licence number.

S.07.04 Information to prisoner

  1. Prisoners identified for testing will be informed that they are required to provide a sample of urine, of the reason and authority for the requirement, that a refusal to provide a sample in a reasonable time will result in disciplinary action, and that they have to accompany the officer to the designated collection site.
  2. Prisoners will also be informed that it is a disciplinary offence to dilute, contaminate or otherwise tamper in any way with the sample, and that where a sample has been supplied by the prisoner and if the general manager custodial believes on reasonable grounds that the sample was diluted, contaminated or otherwise tampered with in any way an officer may require the prisoner to: provide another sample, (pursuant to [section 124(2)(d) of the Corrections Act 2004]); and undergo a strip search (pursuant to [section 98(6)(g) of the Corrections Act 2004]) immediately before the taking of another sample.
  3. Before a sample is taken collection officers will verbally inform prisoners of the information contained in the [S.07.Form.01 Information to prisoner supplying urine sample], ask the prisoner to sign the form and give the prisoner a copy. Refusals to sign will be recorded on the form, with the signatures of the two collection officers.

S.07.05 Obtaining urine sample

  1. The designated collection officer must ensure that he or she uses a collection kit provided by a specified laboratory. (See POM [S.07.Res.01 Collection Kit].)
  2. The DCO must, before collection, show the sterile collection container and the sterile sample bottles to the prisoner in a manner that enables the prisoner to verify that those items are empty, and that the seals under the caps on the sample bottles are intact.
  3. To ensure that a urine sample is not diluted, contaminated or otherwise tampered with in any way, the DCO may require the prisoner to wash his or her hands immediately before, or wear gloves while, providing it.
  4. The prisoner required to provide a urine sample must be given such reasonable privacy as is consistent with the necessity to ensure a sample that is suitable for analysis is obtained.
  5. Every urine sample obtained must be obtained under the supervision and in the direct view of either:
    1. two designated collection officers of the same gender as the prisoner providing the sample or as selected by trans prisoner on [I.10.Form.01 Confirmation of search choice for trans prisoners], if relevant, or
    2. one designated collection officer of the same gender as the prisoner or as selected by trans prisoner on [I.10.Form.01 Confirmation of search choice for trans prisoners], if relevant, and either:
      1. a staff member who is a nurse and if practicable, is of the same gender as the prisoner, or
      2. a medical officer, and
    3. if the general manager custodial of the institution believes, on reasonable grounds, that they are needed for the proper management of the prisoner, any number of additional officers (whether designated collection officers or not), staff member who is a nurse and (if practicable) of the same gender as the prisoner and a medical officer.

S.07.06 Chain of evidence

  1. Immediately after a urine sample has been provided the DCO must, in the presence of the prisoner pour the sample into 2 sterile bottles; and immediately secure the cap on each bottle.
  2. The DCO must, in the presence of the prisoner, label the bottles with a label that in each case contains the combination of characters, or numbers, or both, that is recorded on [Part A of S.07.Form.02 Prisoner urine sample] for the purpose of identifying the prisoner who provided the sample and at least 1 person who supervised the provision of the sample; and in each case is initialled by the prisoner who provided the sample (if the prisoner so wishes).
  3. The DCO must complete Part A of the form, in the presence of the prisoner; and
    1. give the prisoner an opportunity to sign it; and
    2. place the laboratory copy of the form into the collection kit; and
    3. give a copy of the form to the prisoner; and
    4. place the 2 sealed and labelled bottles into the specimen bag; and
    5. place the specimen bag in the collection kit; and
    6. seal the collection kit with the shipping seal provided in it; and
    7. place the collection kit in a locked refrigerator designated for storing urine samples.
  4. A collection kit that is placed in a refrigerator and must remain in that refrigerator until it is collected for transportation to a specified laboratory.
  5. The general manager custodial must ensure that a collection kit containing a urine sample is delivered to a specified laboratory reasonably promptly.
  6. The officer who removes a collection kit from the locked refrigerator and places the kit in a secure courier bag must sign [S.07.Form.03 Courier Collection] and state on that form;
    1. the date and time that the kit was removed from the refrigerator; and
    2. the time that the courier bag was locked.
    3. if a different officer locks the courier bag, that officer must also sign the form.
  7. A person who collects a collection kit from a prison for transportation to a specified laboratory must sign the form, and state:
    1. his or her name; and
    2. the date and time of collection of the kit.

S.07.07 Inability or failure to provide urine sample / spillage of urine sample

  1. If the prisoner does not provide a urine sample immediately, or accidentally spills his or her sample, the prisoner must be placed under supervision, in an area authorised for the purpose by the general manager custodial; and
    1. given a reasonable period, not exceeding 3 hours, within which to provide a urine sample; and
    2. provided with approximately 200 ml of water per hour to drink during that period.
  2. At the end of the 3 hrs maximum period a prisoner who has not provided a urine sample during that period:
    1. must be informed that:
      1. unless a medical officer certifies that there are medical or psychological reasons for his or her not doing so, he or she is liable to be charged with an offence against [section 129(b) of the Corrections Act 2004] if he or she does not provide a urine sample immediately; and
      2. in the case of a woman prisoner, that menstruation is not grounds for refusal to provide a urine sample, unless a doctor confirms otherwise, and they are liable to be charged with an offence against [section 129 (b) of the Corrections Act 2004] if they do not provide a urine sample immediately; and
    2. must be given a final opportunity to provide a urine sample immediately.
  3. If a person, other than the prisoner from whom a urine sample has been collected, spills that urine sample, the prisoner may not be required on that occasion to provide another sample.

S.07.07.01 Prisoners exempted from providing samples

  1. A prisoner is exempt from the requirement to provide a urine sample if:
    1. the general manager custodial, or a staff member authorised for the purpose by the general manager custodial, certifies that the prisoner's selection was not in accordance with a methodology specified in [regulation 148 of the Corrections Regulations 2005] or
    2. a medical officer certifies that there are medical or psychological reasons why the prisoner should not be required to provide a urine sample.

S.07.08 Diluting, contaminating or otherwise tampering with urine sample

  1. Prisoners who dilutes, contaminates or otherwise tampers in any way with any sample required to be supplied (whether by that prisoner or any other prisoner) will be charged under [section 129(c) of the Corrections Act 2004].
  2. The prisoner must be advised that any attempt to dilute, contaminate or otherwise tamper in any way with the sample could result in a charge under [section 129(c) of the Corrections Act 2004], and that the penalties for diluting, contaminating or otherwise tampering in any way with a sample or failing or refusing to submit to a test are the same as the penalties for using any drug without the authority of a medical officer.
  3. Where a sample has been supplied and the general manager custodial believes, on reasonable grounds, that the prisoner's previous sample was diluted, contaminated or otherwise tampered with in any way, may require the prisoner to provide another sample and undergo a strip search immediately before the taking of another sample.
  4. If a person, other than the prisoner from whom a urine sample has been collected, spills that urine sample, the prisoner may not be required on that occasion to provide another sample.

S.07.09 Analyst's certificate

  1. The laboratory will provide to the general manager custodial a certificate containing the result of the analysis of the sample (Sample A).
  2. On receipt of the certificate, if the result is negative, the general manager custodial must ensure that a copy is given to the prisoner and a copy is placed on the prisoner's prison record.

S.07.10 Requirements before a positive result can be used in disciplinary proceedings

  1. A positive result may only be used as evidence in any disciplinary hearing if:
    1. the appropriate chain of evidence forms have been completed, and
    2. the analyst from the specified laboratory has certified in writing that the result was positive or there is evidence that the sample has been diluted, contaminated or otherwise tampered with in any way, and
    3. a medical officer, or a staff member who is a nurse, has certified, in writing, that any drug found in the prisoner's sample was not, to the best of his or her knowledge, administered to the prisoner in accordance with instructions from a health service provider or a medical officer, and
    4. The Drug Collection Officer (DCO) must inform the prisoner, who after receiving a copy of the analyst's certificate and before the commencement of the hearing:
      1. has been advised of the right to have sample (B) independently analysed at his / her own expense, and
      2. given 48 hours to elect to have the sample independently analysed, and
  2. The prisoner who elects to have sample (B) independently analysed must advise the unit PCO in writing, using [S.07.Form.04 Notice to prisoner of result of urinalysis], and the result of the independent analysis must be produced 21 days after the close of the day on which the 48 hour election period expires.
  3. A copy of the independent analysis certificate must be placed on the prisoners file.

S.07.11 External B Sample re-test requests

  1. On occasion, a defendant may be remanded in custody who is subject to a positive drug test taken in the community. The prisoner has the right to have that drug test B Sample re-tested independently.
  2. The Alcohol and Other Drugs Testing Co-ordination Team (AODTCT) team will email the information (Notice of a positive urine test result from a test taken in the community) to the Principal Corrections Officer (PCO) who provides the prisoner with their urine test result sheet, and with the Notice of positive urine test result to defendant on bail.
  3. If the prisoner does elect to have their B sample analysed it must be at their own expense by an approved laboratory certified to conduct the testing identified in the Notice. Payment for the re-test and any costs to transport the B sample must be received by the approved laboratory before the sample is sent for analysis.
  4. To elect to have the B sample analysed, the prisoner must complete and sign the Notice of intention to have urine B sample re-tested form and hand it to the PCO within two working days of receiving the Notice of a positive urine test result. The PCO will then scan the Notice of intention to have urine B sample re-tested and email it to the AODTCT (AODTCT@corrections.govt.nz). The original Notice of intention to have urine B sample re-tested form is filed on the prisoner file and an IOMS File Note added detailing that the request for a B sample re-test has been sent to the AODTCT.
  5. The approved laboratory conducts B sample analysis and advises the prisoner of the result. The prisoner has 21 days after the close of the 2 working days to provide the result of the B sample analysis to the Principal Corrections Officer who will then scan and email the B sample analysis result to the AODTCT. The B sample analysis result is then given back to the prisoner (Note the B sample is usually only tested for the positive substances). The AODTCT saves the B sample analysis result in the defendant’s Bail Management folder and ensures Police are aware of the result.