The Department's position is ZERO TOLERANCE with respect to the possession or use of alcohol, narcotics or illegal drugs by inmates/offenders under its supervision, who face consequences for such violations. Enforcement shall entail varied activities and strategies, including the use of Narcotic Detection Dogs and a system of urine collection and testing. The Department provides opportunities for substance abuse education and treatment, allowing inmates to address drug and alcohol addictions.

This Department Order addresses the security and enforcement aspects of substance abuse and control. For information relating to the Department's treatment programs, see Department Order #917, Substance Abuse Services.

709.01    ZERO TOLERANCE FOR SUBSTANCE ABUSE - The Deputy Director, the Division Director for Offender Operations, the Regional Operations Directors, the Community Corrections Operations Director, Wardens and Deputy Wardens shall ensure:

 1.1    Staff in all institutions and, to the extent possible, staff supervising offenders in the community, use substance abuse prevention and interdiction tactics.

1.2    Designated staff administer discipline, in accordance with Department Order #803, Inmate Discipline System, to inmates who violate rules relating to illegal alcohol and substance abuse. Inmates who test positive for drugs shall be required to participate in a mandatory assessment and a substance abuse education or treatment program as warranted, in addition to whatever disciplinary action is taken.

1.3    Inmates housed in institutions and correctional release centers are charged with the appropriate disciplinary rule violation when:

1.3.1    They produce a urine specimen that tests positive for illegal drugs or alcohol.

1.3.2    They are found in possession of illegal drugs, drugs not legally prescribed, or alcohol.

1.3.3    They are involved in smuggling illegal substances or alcohol.

1.3.4    They willfully disobey a direct order from staff by refusing or failing to produce a urine specimen.

1.4    Major penalties are assessed upon a finding of guilty for violations listed above, to include non-contact visitation.

1.5    Non-contact visitation is imposed or visitation is suspended, in accordance with Department Order #911, Inmate Visitation, for those inmates:

1.5.1    Whose urine specimens test positive for illegal drugs or alcohol, regardless of the status of related disciplinary action.

1.5.2    Who are involved in documented smuggling of illegal drugs.

1.6    An inmate is referred to the Institutional Classification Committee for an appropriate increase in his or her correctional classification profile scores, in accordance with  , following a conviction for a major disciplinary violation related to illegal drug or alcohol possession or use.

1.7    Staff responsible for the supervision of offenders in the community administer sanctions in accordance with Department Order #1003, Community Supervision, when an offender:

1.7.1    Produces a urine specimen that tests positive for illegal drugs or alcohol (if it constitutes a violation of release conditions).

1.7.2    Is found in possession of illegal drugs, drugs not legally prescribed, or alcohol (if it constitutes a violation of release conditions).

1.7.3    Disobeys a direct order from staff by refusing or failing to produce a urine specimen.

1.8    Information, reports and/or evidence against persons who take prohibited articles into a prison or correctional release center, or who promote prison contraband, are referred to the appropriate prosecuting authority for consideration for formal charges when consistent with established prosecution guidelines.

709.02    NARCOTIC DETECTION DOGS - (See Department Order #717, Service Dog Program)

709.03    INMATE URINE COLLECTION - Staff shall collect inmate urine specimens to be tested for evidence of illegal drug or alcohol use.

1.1    Collection Frequency

1.1.1    The total number of institutional urinalysis tests performed each month shall equal at least ten percent of a unit's population. In order to use resources effectively, however, more emphasis shall be placed on Targeted Testing than on Random Testing.

1.1.1.1    Targeted Testing - Inmates designated for Targeted Testing shall be subject to frequent urinalysis based on their own exhibited behavior and status as a high-risk alcohol or drug user. In addition to frequent urinalysis, these inmates may also be placed on non-contact visitation status for an indefinite period at the discretion of the Deputy Warden or Administrator to prevent drug smuggling activity during visitation. Inmates in secure facilities who meet any of the following criteria shall be considered at high risk for abuse of alcohol and illegal drugs.

1.1.1.1.1    Inmates convicted of illegal drug use or smuggling-related disciplinary violations.

1.1.1.1.2    Inmates convicted of alcohol-related disciplinary violations.

1.1.1.1.3    Inmates suspected of being involved in any documented or undocumented smuggling activity in visitation or elsewhere in the institution.

1.1.1.1.4    Inmates who exhibit any abnormal behavior that may be attributed to drug or alcohol abuse.

1.1.1.1.5    Inmates who have alcohol/drug classification scores of four or five.

1.1.1.1.6    Inmates who work on crews that leave institution grounds.

1.1.1.1.7    Inmates who have returned from any type of unescorted leave.

1.1.1.1.8    Inmates who drive state vehicles.

1.1.1.1.9    Inmates who participate in drug and alcohol treatment programs.

1.1.1.2    Random Testing - Inmates not involved in Targeted Testing shall be tested at random at the discretion of the Deputy Warden or Administrator.

1.1.1.2.1    Random specimens shall be selected using a computer program that generates random numbers.

1.1.1.2.2    Deputy Wardens and Administrators shall assign a sequential numerical position representing every inmate in the unit, such as a mailbox or bed number, as the basis for random testing.

1.1.1.2.3    Specimens for random testing shall be collected on different days of the week and different shifts, to avoid setting a predictable pattern.

1.1.2    A four-drug panel consisting of marijuana, opiates, cocaine and amphetamines shall be run, unless staff are aware of the inmate's drug of choice and/or that a particular drug has been available to the inmate or found in the inmate's possession. When inmates are tested for reasonable suspicion of use of a specific drug, for example, staff smelled marijuana smoke in the inmate's cell or the narcotic detection dog found evidence of a specific drug in an inmate's possession, a notation shall be made on the Request for Inmate Substance Screen, Form 709-1, so the Urinalysis Operator tests only for that substance.

1.1.3    Community Corrections staff who are responsible for community supervision shall:

1.1.3.1    Conduct offender urinalysis testing in accordance with the Community Supervision Technical Manual.

1.1.3.2    Complete documentation according to the requirements of the Community Supervision Technical Manual and/or contract, to include noting the type of test (targeted, random, scheduled or other appropriate language).

1.2    General Urine Collection Guidelines

1.2.1    Staff collecting urine specimens shall be of the same gender as the inmate/offender providing the specimen.

1.2.2    Institutions shall maintain a supply of polyethylene specimen containers with screw-on lids, kept secured to eliminate the possibility of contamination.

1.2.2.1    Institutions may use security-style containers designed for use in a correctional setting. These containers feature locking, leakproof lids that are removable only with a special tool.

1.2.3    Parole Officers shall maintain a supply of specimen containers as required by the contract for urinalysis monitoring.

1.2.4    Certified operators or other authorized personnel accepting specimens being delivered for urinalysis may refuse to accept leaking specimens or specimens that are not correctly labeled, not accompanied by the proper paperwork or not delivered according to procedures set forth in this Department Order. Refused specimens shall be returned to the Deputy Warden or designee of the requesting unit, along with the reason for the refusal.

1.2.5    If there is a question as to the legitimacy of a urine specimen or a possibility of contamination, a second urine specimen may be requested and collected.

1.2.6    If a staff member believes an inmate/offender has recently used marijuana, at least six hours (ample time for the substance to metabolize in the body) shall be allowed to pass before a specimen is collected.

1.2.7    If a staff member suspects that an inmate has recently consumed alcohol, the inmate shall be instructed to empty his/her bladder, and then be given one eight ounce glass of water. When the inmate is again able to urinate, or after the two hour waiting period has passed, a urine specimen shall be collected.

1.2.7.1    In situations involving offenders, Parole Officers may follow the procedures outlined in the Community Supervision Technical Manual. A urine specimen need not be taken in those cases where the offender has admitted use or is obviously under the influence of alcohol.

1.2.8    A urine specimen collected in an institution may be frozen; however:

1.2.8.1    The specimen shall be allowed to thaw completely, until no ice crystals are present or visible, prior to testing.

1.2.8.2    Frozen urine specimens shall not be thawed in a microwave.

1.2.9    Urine specimens collected by Parole Officers or by a contractor designated to conduct urinalysis shall be handled according to guidelines established by the contractor.

1.2.10    The Chain of Custody shall be preserved and documented:

1.2.10.1    For inmates - on the Chain of Custody of Evidence section of the Request for Inmate Substance Screen (reverse side of the form).

1.2.10.2    For offenders - on forms designated by the contractor responsible for urinalysis.

1.3    Specimen Collection Procedure

1.3.1    When requested to collect a urine specimen, the staff member shall:

1.3.1.1    Obtain and complete the top portion of a Request for Inmate Substance Screen or a form approved by the contractor responsible for offender urinalysis.

1.3.1.2    Obtain a non-contaminated urine container, an indelible ink marker, clear tape, a self-adhesive Specimen Container Label, Form 709-3, and latex gloves.

1.3.1.3    Legibly print the required information on the label, waiting to attach the label to the container's side until after the inmate/offender has produced and sealed the specimen.

1.3.1.4    Accompany the inmate/offender to the collection site and conduct a pat search or strip search.

1.3.1.4.1    If the search or demonstrated behavior leads the staff member to believe the inmate/offender may try to contaminate the specimen, he or she may be prohibited from redressing until the specimen is provided. In the interest of general modesty, the inmate/offender shall be provided a garment, e. g., a hospital gown, that does not obstruct the staff member's clear view.

1.3.1.4.2    If necessary, the inmate/offender may be directed to roll up long shirt sleeves for inspection of the arms.

1.3.1.5    Examine the inmate's/offender's identification card if the individual is unknown to the staff member.

1.3.1.6    Inspect the inmate's/offender's hands, especially the fingernails, to ensure that there are no foreign substance(s) embedded there.

1.3.1.7    Require the inmate/offender to wash his or her hands with soap and water in the presence of the staff member, and direct the inmate/offender to wash other parts of the body as deemed necessary by the staff member for hygienic reasons.

1.3.1.7.1    The inmate/offender may be requested to put on gloves when providing a urine specimen.

1.3.1.8    Visually observe the urine leaving the inmate's/offender's urethra and entering the container.

1.3.1.8.1    Male inmates/offenders shall be instructed to position themselves at a urinal or commode in a manner that allows the staff member unobstructed observation of the urine voiding process.

1.3.1.8.2    Female inmates/offenders may be asked to squat and cough prior to providing the specimen, to preclude the use of vaginal set-ups containing clean urine or adulterants, and shall be instructed to straddle or sit towards the back of the commode seat facing forward, holding the specimen cup with one hand. The other hand may be placed against the wall for support. The staff member shall stoop in front of the commode and directly observe the voiding of the urine from the urethra.

1.3.1.9    Put on protective gloves before handling a urine specimen container.

1.3.1.10    Ensure that the specimen cup contains enough urine for testing (about one to two ounces).

1.3.1.11    Direct the inmate/offender to screw or lock the lid securely onto the container when the urine voiding process is complete.

1.3.1.12    Give the inmate/offender two five-inch strips of clear tape and instruct the inmate/offender to place the tape across the lid and down the sides of the container in a criss-cross fashion.

1.3.1.12.1    No tape shall be applied if using security locking containers.

1.3.1.13    Enter the time on the previously completed label, matching the time being recorded on the Request for Inmate Substance Screen or approved collection form, and apply the label to the container's side.

1.3.1.13.1    The staff member shall state the date and time aloud so the inmate/offender is aware of the information being recorded.

1.3.1.14    Instruct the inmate/offender to sign where indicated on the Request for Inmate Substance Screen or approved collection form provided by the contractor.

1.3.1.15    Sign the request, enter his or her badge number, date and time, and write any necessary comments about the collection process or the specimen.

1.3.1.16    Enter the inmate's/offender's name on the first line of the Chain of Custody of Evidence, on the reverse side of the Request for Inmate Substance Screen or approved collection form provided by the contractor responsible for urinalysis.

1.3.1.17    Enter the date and time, which shall match the date and time on the front of the page and on the specimen.

1.3.1.18    Enter his/her own name below the inmate's/offender's to acknowledge receipt of the specimen from the inmate/offender.

1.3.1.19    Ensure that the specimen is delivered, along with accompanying completed paperwork, directly to the lab, to a designated secure unit refrigerator/freezer, or to the place designated by the contractor.

1.3.2    When urinalysis/blood tests are conducted at a contract or hospital site for an inmate who is suspected of substance abuse, those test results shall be forwarded to the applicable institution to be used as administrative evidence in the inmate disciplinary process.

1.3.3    The Community Supervision Technical Manual may establish procedures for obtaining a urine specimen that reflect physical location and/or physical plant issues or other situations unique to community supervision involving the taking of a specimen, e.g., size of the bathroom or availability of hand washing supplies.

1.4    Inmate/Offender Inability or Refusal to Produce a Specimen

1.4.1    Any inmate or offender who refuses to provide a urine specimen shall be subject to disciplinary action.

1.4.1.1    An inmate's refusal to give a specimen shall be considered refusal to obey a direct order, but shall not be considered an admission of guilt.

1.4.1.2    A refusal by an offender shall be considered a violation of conditions of supervision and may be considered an admission of guilt.

1.4.2    Inmates who claim to be unable to produce a specimen may be given no more than an eight ounce glass of water and shall remain under staff observation for two hours in an area where they cannot drink water or other liquids to dilute the urine.

1.4.2.1    If, at the end of two hours, the inmate still claims the inability to urinate, he or she shall be charged with disobeying a direct order.

1.4.3    If an offender claims to be unable to produce a specimen, Parole Officers shall follow procedures established by the Community Corrections Technical Manual. These procedures may decrease time limits, based on the staff member's judgment, but shall not exceed the two-hour time limit.

1.4.3.1    Offenders shall not be charged with disobeying a direct order, but shall be charged with a violation of conditions of supervision.

1.4.4    Certain psychotropic medications interfere with an individual's ability to urinate. If an inmate or offender has indicated that he or she is taking a medication that the staff member believes may be a psychotropic, the procedure outlined above shall be followed. At the end of the two-hour period, the inmate shall be instructed to produce whatever urine he or she can, even if it is less than the required one to two ounces. If the inmate is still unable to produce any urine, the staff member shall document the incident on the Request for Inmate Substance Screen.

1.4.4.1    Staff pursuing disciplinary action for the inmate's failure to produce a specimen shall verify that the inmate was on psychotropic medication as a potential mitigating circumstance.

1.1    Tests shall be performed according to laboratory protocol established by the vendor of the test equipment.

1.2    Tests shall be performed only by certified operators, or by qualified external laboratory personnel under contract to provide such testing.

1.3    Test results shall be interpreted as either positive, meaning drug or alcohol metabolites were present in the urine specimen above the established threshold level, or negative, meaning either no metabolites were present or any metabolites found were below the established threshold level.

1.4    Specimens that test positive shall be retested, using protocol established by the testing laboratory. Confirmed positive test results may serve as the sole basis for inmate discipline, revocation, rescission, or classification action.

1.5    Inmate test results shall be considered confidential and shall be made known only to authorized personnel until disposition of related action.

709.05    TESTING OF STAFF URINE SPECIMENS ON PRISON EQUIPMENT - Staff urine specimens shall not be tested on prison urinalysis equipment.

Dora B. Schriro

Director

709-1, Request For Inmate Substance Screen

709-3, Specimen Container Label

Within 90 days of the effective date of this Department Order, the Division Director for Offender Operations shall, in cooperation with the Community Corrections Operations Director:

Within 90 days of the effective date of this Department Order, the Community Corrections Operations Director shall ensure that:

Within 90 days of the effective date of this Department Order, Wardens, Deputy Wardens and Administrators shall develop Post Order #043, Urinalysis Security Officer.

CERTIFIED OPERATOR - A person who has demonstrated to a urinalysis equipment vendor representative that he or she possesses a sufficient level of skill (as determined by the vendor) to operate the equipment properly and accurately.

CONFIRMATION - The second test of a specimen that tested positive, verifying the accuracy of the first result.

INMATE - A person who is convicted and committed to the Department by any court of record or who is confined by the Department under the provisions of any agreement or compact to which the State or the Department is a party, and is currently confined in an institution.

INTERDICTION - Practices used to control the introduction of illegal drugs into Department facilities, to include, but not limited to, the Department Intelligence System and criminal prosecution for introducing or promoting illegal drugs into Department facilities.

NEGATIVE RESULT - Result indicates that either no trace of metabolite is present in the urine, or a level is present that is less than the established threshold value.

OFFENDER - Any person on any release status who is still under the supervision of the Department.

PREVENTION - Practices used to detect the presence of illegal drugs and/or substance abuse in all Department facilities, to include, but not limited to:

POSITIVE RESULT - Result indicates a level of metabolites in the urine equal to or above the established threshold value.

RANDOM TESTING - Selection of individual inmates without definite pattern or selection of individual offenders according to established guidelines for test scheduling.

TARGETED TESTING - A system of targeting individual inmates for testing based on behaviors or other indicators that suggest the inmates may be involved in illegal drug or alcohol use.

THRESHOLD - A cutoff value that differentiates between positive and negative results.

A.R.S. 13-2505, Promoting Prison Contraband.