The purpose and effect of the proposed rule is to amend the rule text and forms to reflect the Office of Institutions will be responsible for inmate substance abuse testing.  

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    DEPARTMENT OF CORRECTIONS

    RULE NO.: RULE TITLE:
    33-602.2035: Inmate Substance Abuse Testing

    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule text and forms to reflect the Office of Institutions will be responsible for inmate substance abuse testing.

    SUBJECT AREA TO BE ADDRESSED: Inmate Substance Abuse Testing.

    RULEMAKING AUTHORITY: 944.09, 944.473 FS.

    LAW IMPLEMENTED: 944.09, 944.472, 944.473 FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: LaDawna Fleckenstein, 501 S. Calhoun Street, Tallahassee, Florida 32399

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

    33-602.2035 Inmate Substance Abuse Testing.

    The Office of Institutions Office of the Inspector General shall be responsible for the development and implementation of the department’s substance abuse testing program.

    (1) Definitions.

    (a) No change.

    (b) Tester – a correctional officer who has been certified as competent by the manufacturer of the onsite testing device and trained by certified training personnel, affiliated with the department, on the proper procedures for collecting urine specimens, including the completion and maintenance of the Chain of Custody Form, the handling and disposing of urine specimens, and the administration and interpretation of the on-site testing device. All testing personnel must be approved by the Office of Institutions Office of the Inspector General.

    (c) No change.

    (d) Chain of Custody Form – the form used to document the identity and integrity of an inmate’s specimen from time of collection until the specimen is prepared for shipment to a designated outside laboratory for confirmation testing. This form will be provided by the laboratory conducting confirmation tests on specimens that had a positive result on the on-site testing device. The Chain of Custody Form is hereby incorporated by reference in paragraph (3)(h) of this rule. Copies of the form are available directly from the vendor or from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is 11-28-10.

    (e) through (f) No change.

    (g) Confirmation Testing – testing conducted by an outside contract laboratory using gas chromatography coupled with mass spectrometry (GC/MS) when on-site results of a test are positive and the inmate refuses to sign Form DC6-2065 DC1-824, Affidavit for Admission of Drug Use. Form DC6-2065 DC1-824 is hereby incorporated by reference in paragraph (3)(h) of this rule. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is_________.

    (h) No change.

    (2) The Department of Corrections conducts the following types of inmate substance abuse testing:

    (a) For-Cause or Reasonable Suspicion Testing.

    1. Inmates suspected of involvement with drugs or alcohol shall be subject to for-cause testing upon order of the warden, the duty warden, the correctional officer chief of the facility, a designee of one of the above individuals, or the Office of Institutions Office of the Inspector General. An inmate should only be tested for a maximum of four drugs on a for-cause basis unless extenuating circumstances exist. For-cause tests will only be conducted on inmates who meet the criteria outlined in subparagraphs 2.a. through c. below.

    2. through 4. No change.

    5. Upon approval of the warden, duty warden, correctional officer chief, their designees, or the Office of Institutions Office of the Inspector General, collection and testing procedures shall be conducted immediately pursuant to this rule.

    6. No change.

    (b) through (c) No change.

    (3) Procedures.

    (a) No change.

    (b) Specimen Collection Procedures.

    1. through 7. No change.

    8. An inmate who has not provided an adulterated urine specimen and who claims an inability to provide an adequate urine specimen shall be detained in the presence of the tester or other designated person for a period not to exceed 1 hour to provide an adequate specimen. During that time, the inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of 2 cups during this time period, and Form DC6-2064 DC1-823, Acknowledgement of Beverage, shall be completed. Form DC6-2064 DC1-823 is hereby incorporated by reference in paragraph (3)(h) of this rule. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is________.

    If after the 1 hour period an inmate still fails to submit a valid adequate urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C.

    9. through 11. No change.

    12. If a urine specimen contains blood or appears to contain blood, the inmate who produced the specimen shall be referred immediately to the medical department for evaluation. If no valid reason exists for having blood in the specimen, the inmate will be required to provide another urine specimen. If the inmate cannot submit a urine specimen, the inmate shall be detained in the presence of the tester or other designated person for a period not to exceed 1 hour to provide an adequate specimen. During that time, the inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of 2 cups during this time period, and Form DC6-2064 DC1-823, Acknowledgement of Beverage, shall be completed. If after the 1 hour period an inmate still fails to submit a valid adequate urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C

    (c) Upon notification from an inmate that he or she is unable to urinate due to a medical condition, the officer shall verify with medical staff that the inmate possesses a specific medical condition or is taking medication that inhibits the inmate from urinating within the designated time frame. Upon receiving such verification, the inmate shall be given the opportunity to provide a urine specimen under the following conditions:

    1. through 3. No change.

    4. The inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of two cups during the time spent in the dry cell, and Form DC6-2064 DC1-823, Acknowledgement of Beverage Form, shall be completed.

    5. through 7. No change.

    (d) No change.

    (e) Testing of urine specimens.

    1. through 6. No change.

    7. Positive test results. The tester shall inform the inmate of the positive results of the on-site testing device. The inmate will then be given the opportunity to sign Form DC6-2065 DC1-824, Affidavit for Admission of Drug Use.

    a. If the inmate chooses to sign Form DC6-2065 DC1-824, the testing officer shall complete the affidavit form and have the inmate swear to its content, with the officer witnessing the inmate’s signature. The inmate will be placed in administrative confinement, and a disciplinary report shall be written. The signed Form DC6-2065 DC1-824 will be attached to the disciplinary report to be used as evidence in the disciplinary hearing.

    b. No change.

    c. If the inmate does not sign Form DC6-2065 DC1-824, the following steps shall be taken:

    i. through iv. No change.

    8. No change.

    (f) Other on-site testing device procedures.

    1. Due to product limitations, it may become necessary to utilize other noninvasive on-site testing devices for alcohol testing. In such instances, the certified tester will utilize the on-site testing device in the presence of the inmate in accordance with the manufacturer’s testing protocols. If the initial result of the on-site testing device is positive, and the inmate declines to sign Form DC6-2065 DC1-824, Affidavit for Admission of Drug Use, a urine specimen will be obtained from the inmate and sent to a designated outside laboratory for confirmation testing in accordance with the procedures outlined in paragraphs (3)(b) and (3)(e) above.

    2. All correctional facilities shall maintain a record of all reasonable suspicion substance abuse tests conducted. This record shall be maintained by the correctional officer chief or designee. Form DC6-2066 DC1-827, Reasonable Suspicion Testing Tracking, shall be utilized for this purpose. Form DC6-2066 DC1-827 is hereby incorporated by reference in paragraph (3)(h) of this rule. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is_________.

    (g) No change.

    (h) Forms. The following forms referenced in this rule are hereby incorporated by reference. Copies of these forms, unless otherwise indicated, may be obtained from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

    1. Form DC1-823, Acknowledgement of Beverage, effective February 5, 2001.

    2. Form DC1-824, Affidavit for Admission of Drug Use, effective February 5, 2001.

    3. Chain of Custody Form, effective November 28, 2010, is a vendor form that may be obtained directly from the vendor or through the Office of the Inspector General, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

    4. Form DC1-827, Reasonable Suspicion Testing Tracking Form, effective February 19, 2007.

    Rulemaking Authority 944.09, 944.473 FS. Law Implemented 944.09, 944.472, 944.473 FS. History–New 2-8-00, Amended 2-5-01, Formerly 33-602.2045, Amended 7-2-02, 2-19-07, 7-29-08, 8-26-09, 2-10-10, 11-28-10, 1-11-12, Formerly 33-108.101, Amended_________.

Document Information

Subject:
Inmate Substance Abuse Testing
Purpose:
The purpose and effect of the proposed rule is to amend the rule text and forms to reflect the Office of Institutions will be responsible for inmate substance abuse testing.
Rulemaking Authority:
944.09, 944.473 FS
Law:
944.09, 944.472, 944.473 FS
Contact:
LaDawna Fleckenstein, 501 S. Calhoun Street, Tallahassee, Florida 32399.
Related Rules: (1)
33-602.2035. Inmate Substance Abuse Testing