The purpose and effect of the proposed rule is to clarify the amount of time an inmate may spend in a dry cell as a result of a claimed inability to urinate in the presence of others and to clarify that for drugs for which there is no on-site test, ...

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-108.101: Inmate Substance Abuse Testing
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the amount of time an inmate may spend in a dry cell as a result of a claimed inability to urinate in the presence of others and to clarify that for drugs for which there is no on-site test, the specimen shall be sent directly to the laboratory for testing.
SUMMARY: The proposed rule clarifies that for those who claim an inability to urinate in front of others, time in a dry cell is limited to one hour. The rule also clarifies that specimens shall be sent directly to the lab for testing if there does not exist an on-site test for the drug being tested.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Based on information provided by the Bureau of Substance Abuse, the rule will only affect internal operations, will not have a negative economic impact or affect small business, and is therefore not expected to require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09, 944.473 FS.
LAW IMPLEMENTED: 944.09, 944.472, 944.473 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-108.101 Inmate Substance Abuse Testing.

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

(1) through (2) No change.

(3) Procedures.

(a) through (c) No change.

(d) If an inmate claims an inability to urinate in front of or in the presence of others, the tester shall collect the urine specimen under the conditions outlined in subparagraphs (3)(c)1.-6. In this circumstance, the inability to urinate is not treated as a medical condition, and the officer does not need to 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. However, such inmates shall be limited to up to one hour in the dry cell rather than two.

(e) Testing of urine specimens.

1. through 4. No change.

5. In instances wherein an on-site testing device does not exist for the drug being tested, the sample shall be sent directly to the lab.

5. through 7. renumbered 6. through 8. No change.

(f) through (h) No change.

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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Russell Hosford, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011