1(1) 2RULES AND PROCEDURES.5-6The department shall establish programs for random and reasonable suspicion drug and alcohol testing by urinalysis or other noninvasive procedure for inmates to effectively identify those inmates abusing drugs, alcohol, or both. The department shall also adopt rules relating to fair, economical, and accurate operations and procedures of a random inmate substance abuse testing program and a reasonable suspicion substance abuse testing program by urinalysis or other noninvasive procedure which enumerate penalties for positive test results, including but not limited to the forfeiture of both basic and incentive gain-time, and which do not limit the number of times an inmate may be tested in any one fiscal or calendar year.
116(2) 117SUBSTANCE ABUSE TREATMENT PROGRAMS.121-
122(a) 123An inmate who meets the criteria established by the department shall participate in substance abuse program services when such services are available. A right to substance abuse program services is not stated, intended, or otherwise implied by this chapter.
162(b) 163Upon arrival at a department’s reception center for initial processing, each inmate shall be screened and assessed to determine if the inmate meets the department’s criteria for mandated participation in a substance-abuse program. Criteria for mandated substance abuse program services shall be based on:
2071. 208The presence of a diagnosed psychoactive substance dependence or use disorder;
2192. 220The severity of the addiction;
2253. 226A history of criminal behavior related to substance abuse;
2354. 236A recommendation by a sentencing authority for substance abuse program services;
2475. 248Unsuccessful participation in community-based substance abuse services;
2556. 256Sentencing by a drug court or drug division; and
2657. 266Other classification or program criteria that the department finds will ensure security and optimal program placement.
282(c) 283When selecting contract providers to administer substance abuse treatment programs, the department shall make every effort to consider qualified faith-based service groups on an equal basis with other private organizations.
313(3) 314REPORTING REQUIREMENT.316-317The department shall, as part of its annual report, report the number of random and reasonable suspicion substance abuse tests administered in the fiscal year, the number of positive results obtained, the number of negative results obtained, the number of inmates requesting and participating in substance abuse treatment programs as the result of a positive random or reasonable suspicion substance abuse test, and the number of repeat substance abuse offenders.
