Department of Corrections and Community Supervision

Rules & Regulations

Urinalysis Testing (Part 1020 of 7 NYCRR)

Date filed with the Department of State (DOS): 11/28/2007

DOS #: COR-48-07-00002

Date adopted: 3/12/2008

Description: To improve clarity and readability and refine procedures in response to field experience and new testing equipment.

TEXT OF RULE

Section 1020.1 of Title 7 NYCRR is hereby amended as follows:

Urinalysis test procedures shall be used to verify whether or not an inmate has used drugs [or] and may be used to verify whether or not an inmate has used alcohol.


Section 1020.4 (a) (1) of Title 7 NYCRR is hereby amended as follows:

(1) When correctional staff has reason to believe the inmate has used drugs or alcohol and/or the inmate is alleged to have been involved in an act of violent misconduct ;


Section 1020.4 (a) (2) of Title 7 NYCRR is hereby amended as follows:

(2) When the inmate is found to be in possession of suspected illicit drugs or alcohol or associated paraphernalia or when suspected illicit drugs or alcohol or associated paraphernalia are detected or found in an area controlled, occupied or inhabited by the inmate;


Section 1020.4 (c) and (d) (2) (3) (4) of Title 7 NYCRR is hereby amended as follows:

(C) Ordering the inmate to be tested. The inmate ordered to submit a urine specimen for urinalysis testing shall be informed of the underlying reason (whether suspicious, routine, or random) why s/he is being ordered to submit the specimen. If the inmate refuses to submit the specimen s/he shall be informed that this refusal constitutes a violation of facility rules and that s/he may incur the same disciplinary disposition that a positive urinalysis result could have supported. The resultant misbehavior report shall indicate that the inmate was informed of the above.

(2) Security or medical staff shall hand to the inmate the specimen bottle, labeled with the inmate’s name and number, the date, and any other relevant identifying information. This information shall be typed or written in indelible ink. The inmate shall also be asked if s/he has been taking any medication in the past month, and the inmate’s response shall be noted on the request for urinalysis test form. If the inmate’s response is “yes” and the subsequent test results are positive, an inquiry shall be made to medical personnel as to what medications the inmate has received in the past month which may lead to a positive result.

(3) Security or medical staff shall ensure that the inmate submits an unadulterated urine specimen in the specimen bottle provided by witnessing the inmate urinate into the bottle. The inmate must be pat frisked prior to submitting the urine specimen and s/he may be required to wash [his hands] or wear gloves to further ensure that the specimen submitted is that of the inmate. The foregoing shall be conducted by security or medical staff of the same sex, in private and outside the presence of other inmates or staff. Female inmates may be required to urinate into a urine collector or an unused plastic cup, rather than the specimen bottle itself. The contents of the collector or cup shall then be transferred to the specimen bottle by the inmate, or by the witnessing staff person in the presence of the inmate.

(4) If the inmate is unable to provide a urine specimen immediately, s/he shall be detained until s/he is able to provide a urine specimen. Drinking water should be available in an amount not to exceed eight ounces per hour. An inmate who is unable to provide a urine specimen within three hours of being ordered to do so shall be considered to be refusing to submit the specimen. The inmate shall be informed that this refusal constitutes a violation of facility rules and that he may incur the same disciplinary disposition that a positive urinalysis result could have supported. The resultant misbehavior report shall indicate that the inmate was informed of the above.


Section 1020.4 (e) (1) (iv) of Title 7 NYCRR is hereby amended as follows:

(iv) If a positive result is obtained on the first test, the procedure followed and the results obtained shall be noted by the operator on the urinalysis procedure form. A second test shall be performed on the same sample [after new positive and negative control tests have been run]. The results of the second test shall be noted on a second urinalysis procedure form. If a positive result is obtained from the second test, the individual performing the urinalysis testing shall cause a misbehavior report to be issued. The inmate’s copy of the misbehavior report shall be accompanied by the request for [the] urinalysis test form, the urinalysis procedure form, the inmate’s printed [documents] results produced by the urinalysis testing apparatus for the positive tests and a statement of the scientific principles and validity of the testing apparatus.


Section 1020.4 (e) (2) (iii) of Title 7 NYCRR is hereby amended as follows:

(iii) If a positive result is obtained, a misbehavior report shall be [written] issued. The (inmate’s copy of the) misbehavior report shall be accompanied by the request for urinalysis test form, the inmate’s test report from the laboratory or facility, a copy of the methods and procedures used by the testing laboratory or facility, and a statement of the scientific principles and validity of the testing apparatus used by the laboratory or facility.


Section 1020.5 (a) (1) of Title 7 NYCRR is hereby amended as follows:

(1) the urinalysis procedure forms, any printed documents produced by the urinalysis testing apparatus, and [a] the appropriate statement of the scientific principles and validity of the testing apparatus if the facility has urinalysis testing apparatus; or


Section 1020.6 of Title 7 NYCRR is hereby amended as follows:

All results obtained in the course of urinalysis testing [shall be assembled and retained on the daily log form or other appropriate form and] shall be entered on the computerized drug testing system.

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.