N.J. Admin. Code § 10A:3-5.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:3-5.10 - Testing for prohibited substances

(a) Testing for prohibited substances may be conducted for the purpose of deterring and controlling the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the inmate.

(b) Inmates shall be tested:

1. When the name of the inmate appears on a computer-generated randomly selected list of names, regardless of how often the name of the inmate is randomly selected;

2. Prior to commencing participation in any unsupervised community release program such as, but not limited to, furlough or work release;

3. During the 72 hour period prior to an inmate's release from custody on parole;

4. During the 10 calendar days prior to the inmate's release from custody on expiration of maximum sentence;

5. In accordance with drug treatment program requirements;

6. When a custody staff member of the rank of Sergeant or above or a Special Investigations Division Investigator believes, based upon his or her education and experience, that there is a reasonable factual basis to suspect the inmate of using or possessing a non-alcoholic prohibited substance;

7. When a supervising staff member or a licensed medical staff person in a residential community program utilizing non-custody staff believes based upon his or her education and experience that there is a reasonable factual basis to suspect the inmate of using or possessing a non-alcoholic prohibited substance;

8. When the Administrator, Associate Administrator, Assistant Superintendent, or a Correction Major orders all inmates of a particular housing unit, work detail, or other functional unit to be tested;

9. When a custody staff member of the rank of Sergeant or above orders testing upon any inmate's return from furlough or other unsupervised temporary release from custody; or

10. When a Disciplinary Hearing Officer/Adjustment Committee orders testing as part of a sanction for a prohibited substance related prohibited act.

(c) An inmate's refusal to submit to testing, or failure to comply with an order to submit a specimen shall result in disciplinary action in accordance with N.J.A.C. 10A:4.

(d) When an inmate is scheduled for release on parole and either the initial test result is positive, or the inmate refuses to submit to testing, or the inmate fails to comply with an order to submit a specimen, the initial positive test result or documentation of the inmate's refusal to provide or failure to comply shall be forwarded to the New Jersey State Parole Board. If an inmate scheduled for release on parole receives a disciplinary charge(s) based upon either positive test results, or refusal to be tested or a failure to comply with an order to submit a specimen, the disciplinary adjudication result(s) shall be forwarded to the New Jersey State Parole Board.

N.J. Admin. Code § 10A:3-5.10

Amended by 47 N.J.R. 649(b), effective 3/16/2015.