Department of Corrections and Community Supervision

Rules & Regulations

Urinalysis Testing (Section 1020.4 (e), (d) & (f) of 7 NYCRR)

Date filed with the Department of State (DOS):12/5/2011

DOS #:CCS-51-11-00009

Date adopted:3/7/2012

Description:To introduce urinalysis testing procedures for inmates for inmates alleging to have a "shy bladder" and other minor amendments.

TEXT OF RULE

The Department of Correctional Services renumbers 7 NYCRR 1020.4 (e) to 1020.4(f). A new 7NYCRR 1020.4 (e) is being added and several minor amendments are also being made for the sake of clarity and consistency as indicated below:

Revise 7NYCRR 1020.4(d)(3) and 1020.4(d)(4) as indicated below:
(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 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 the 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 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 and it should include an alleged violation of Rule 180.14 as described in 270.2 of this title .

Add new 7 NYCRR 1020.4(e) as follows:

(e) Procedure for Inmates Claiming to be Unable to Urinate in Presence of Others: The following procedures shall be employed when the watch commander reasonably believes that the inmate is unable to provide a urine specimen due to an alleged inability to urinate in the presence of others (shy bladder). Reasonable belief is based upon the following criteria, including, but not limited to: Medical or mental health records supporting the inmate's claim (to be evaluated by health services or OMH staff), prior disciplinary and/or computerized urinalysis testing data indicating a history of urinalysis testing violations, if applicable, and the inmate's behavior and demeanor at the time of request for the urine sample
(1) Authorization: The watch commander shall be notified by the staff member assigned to obtain the urine sample and provide verbal authorization for these procedures.
(2) Location: The procedure shall take place in temporary isolation in the facility drug watch cell/room or other appropriate area.
(3) Procedure

(i) The inmate shall be strip frisked, subject to a metal detector search and given a gown or other garment to wear prior to placement in the drug watch cell/room and will be required to wash their hands or wear gloves, to further ensure that the sample is unadulterated. The cell/room shall be thoroughly searched prior to admission of the inmate and, if applicable, the water supply to the cell/room shall be turned off.
(ii) Security staff shall hand to the inmate the specimen container, labeled with the inmate's name and number, the date and any other relevant identifying information. Staff shall not witness the inmate urinate into the specimen container.
(iii) The inmate shall be detained until he/she is able to provide a urine specimen for up to three hours including any time prior to a determination that special arrangements are necessary. Drinking water should be made available in an amount not to exceed eight ounces per hour. Water given to the inmate shall be consumed under the direct observation of staff. The inmate shall not be allowed to retain any amount of water.
(iv) An inmate who is unable to provide a urine specimen within three hours of the initial order to produce a sample 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 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 and it should include an alleged violation of Rule 180.14 as described in 207.2 of this title, noting that the procedures listed above in sub-sections 1020.4(e)(3)(i)-(iii) were followed.

Revise 7NYCRR 1020.4(f)(1)(ii) as indicated below:
(f) [(e)] Process the urine specimen.
(1) If the facility has urinalysis testing apparatus:

(i) All persons handling the specimen shall make an appropriate notation under Chain of Custody on the request for urinalysis test form. The number of persons handling the specimen shall be kept to the minimum. The specimen shall be kept in a secure area at all times.
(ii) Place the specimen in a secured refrigerator if it is not to be tested immediately. If it is anticipated that the specimen will not be tested within one day, place it in a secured freezer. It is recommended that the specimen be stored frozen. A log book shall be kept in the vicinity of the refrigerator/freezer, and each person accessing the specimens shall note his or her name, the date, and the time of each such access.

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.