Rules & Regulations
Urinalysis Testing (Section 1020.4 (e), (d) & (f) of 7 NYCRR)
Date filed with the Department of State (DOS):12/5/2011
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
(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
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.
(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
online through the NYS Department of State website.