II. CANCELLATION: Policy Directive , dated 01 November 2006

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1 STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: DATE: SUBJECT: Drug Abuse Testing and Sanctions AUTHORITY: WV Code and ; ACA Standard I. POLICY: It is the policy of the West Virginia Division of Corrections (WVDOC) to maintain a mechanism that ensures zero tolerance for the use of illegal drugs by offenders and provides for testing in order to assist in the control of illegal drug abuse by offenders within institutions/ facilities/centers, while on parole, and/or under interstate supervision. II. CANCELLATION: Policy Directive , dated 01 November 2006 III. DEFINITIONS: As used within this policy directive these terms are defined as follows: Approved Laboratory: An outside, independent laboratory designated by the WVDOC to conduct confirmation testing for the presence of drugs or other intoxicants. Chief of Security: The ranking employee designated to exercise responsibility and authority for management of security operations in an institution/facility/center. Confirmation Testing: Analytical testing, independent of the field test, conducted by an agency designated approved laboratory to identify the presence of a specific drug or drug metabolite using gas chromatograph/mass spectrometry (GC/MS) technology. Director of Programs, Security or Training: The ranking employee designated to exercise responsibility and authority for management of WVDOC inmate programs, security operations or employee training, respectively, at the agency level. Field Test: A test used to differentiate a negative specimen from one that requires further testing to confirm the presence of drugs or drug metabolites. ICAOS: The Interstate Commission for Adult Offender Supervision Offender: Any person sentenced and committed to the custody or supervision of the Commissioner of Corrections by any court of competent jurisdiction, the Parole Board or under the ICAOS agreement. Sample: A sample of urine or another physical test medium collected from an offender. Adulterated Sample: A specimen that contains a substance that is not expected to be present in human urine, or contains a substance suspected to be present but is at a concentration so high that it is not consistent with human urine.

2 Page 2 of 5 Dilute Sample: A sample with creatinine and specific gravity values that are lower than expected for human urine. Substituted Sample: A sample with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. IV. APPLICABILITY: All units within the Division of Corrections. V. PROCEDURE: A. All offenders are subject to testing for the use of illegal drugs and other intoxicants. Each offender is hereby notified that they may have to provide more than one (1) sample monthly for testing, regardless of the testing premise. B. An offender will be permitted no more than two (2) hours to give a sample, during which time they will remain at the collection site under staff observation. A maximum of sixteen (16) fluid ounces of water over a two hour period may be provided to the offender to assist in stimulating the production of a sample. C. Testing Premises 1. Random (R): allows for the random testing of offenders. The Director of Security or Designee will forward a random list of ten percent (10%) of the agency census of incarcerated offenders to Chiefs of Security. Each Parole Services District Supervisor or Regional Director will randomly select ten percent (10%) of each Parole Officer s caseload monthly for random testing by a numbered lottery system. 2. Directed (D): allows the collection of a sample from an offender or group of offenders whenever good correctional/parole judgment indicates such may be warranted. 3. Saturation (S): one hundred percent (100%) of all inmates on Work Release status shall be tested monthly. 4. Parole Pre-Release (P): all offenders who have been granted parole shall be tested as part of the out processing procedure before leaving the institution on parole. 5. Treatment (T): quarterly testing of one hundred percent (100%) of all offenders assigned to Residential Substance Abuse Treatment (RSAT) units, or as otherwise determined appropriate, regardless of whether the RSAT program is administered by the WVDOC or another entity. 6. Prior Act (A): any offender who has been found by the Correctional Hearing Officer to have committed the violation(s) of Trafficking, Use and Possession of Drugs/Intoxicants/Paraphernalia or Refusing Drug/Alcohol Screening shall be tested monthly for the following 12 months on a day randomly selected by the Chief of Security or Parole Officer. D. Generally, urine will be the test sample medium and in such cases the WVDOC will use a two step testing program for the presence of illegal drugs or intoxicants.

3 Page 3 of 5 1. Step 1/Field Testing: Testing with a field test kit or device approved by the Director of Security. If the test is negative, the sample is destroyed and no further action is required. If the field test is positive, then testing will proceed to confirmation testing. 2. Step 2/Confirmation Testing: GC/MS confirmation testing conducted by an agency designated approved laboratory. E. Officers involved in the testing process will comply with collection and documentation procedures approved by the Director of Security, and: 1. Same gender rule: The observing officer shall be the same gender as the offender when collecting urine samples at secure institutions/facilities. 2. Special Exception Parole Officers and Work Release Centers: Staffing realities sometimes dictate that parole officers and Work Release Center correctional officers may be on duty alone and need to collect urine to administer a field test kit for the presence of illegal drugs. If the officer is not the same gender as the offender, the officer shall search the designated collection restroom for anything that could be used to adulterate or contaminate the urine sample. The officer will then leave the collection restroom and permit the offender to generate the sample in private. Upon completion, the offender will exit the collection restroom to turn the sample over to the officer. F. When a sample is confirmed positive by an agency designated approved laboratory, the observing officer will initiate a violation report. Additionally, an offender shall be charged with a rule violation for refusing to participate in the testing process as instructed, tampering with any drug testing process as may be evidenced by staff observation or physical evidence, including, but not limited to adulterated/diluted/substituted sample, or failing to produce a sample sufficient for testing within two (2) hours. G. Offenders who have been granted parole shall be field tested as a part of the pre-parole release processing procedure before being permitted to leave the institution/facility/center. 1. If the field test is positive, and the positive test result is not due to any type of verified medication, the offender shall be held in custody until confirmation testing can be completed by an agency designated approved laboratory. 2. If the sample is confirmed as a positive, the potential parolee shall be issued a disciplinary violation and the disciplinary process followed. H. Voluntary Admission: If an offender makes a voluntary admission, by signing and dating the Voluntary Admission Form (Attachment #1), that he/she has been using illegal drugs or other intoxicants then field testing and confirmation testing is not required. The officer receiving the voluntary admission shall sign and date the form as a witness. In such cases, the signed, dated Voluntary Admission Form shall carry the same evidentiary weight as a confirmed test result.

4 Page 4 of 5 I. The Director of Security is delegated the authority to approve field test kits and devices, including those which use urine and/or other sample mediums and to approve procedures related to their use. J. Personnel who are involved in the collection of samples from offenders will receive training approved by the Director of Training. K. The WVDOC requires all incoming felons with a history of drug abuse to participate in substance abuse educational programming. The WVDOC also offers RSAT units for those persons who are identified as needing intensive substance abuse programming. These programs shall fall under the authority and responsibility of the Director of Programs. L. Sanctions will be imposed, as specified and in accordance with Policy Directive , Discipline of Inmates, for a positive drug test for incarcerated offenders. Additionally, the Correctional Hearing Officer shall order the offender to pay reimbursement to the agency for the cost of the confirmation test conducted by the agency designated approved laboratory when such tests are positive. M. Sanctions will be imposed as follows for a positive drug test for all parolees/misdemeanants/icaos/probationers: First Offense 1. Referral to treatment center/counselor 2. Increased supervision contacts 3. Increased frequency of drug testing 4. Verbal reprimand 5. Agency reimbursement by offender for positive confirmation test 6. Referral to a Day-report Center 7. Curfew restrictions 8. Community Service hours 9. Violation report placed in offender s file Second Offense: One or more of the following sanctions could apply in addition to one or more of the sanctions listed under first offense. 1. Added restrictions (special conditions) on privileges/activities 2. Submission of violation report for review by supervisors 3. Conference with region or district supervisors 4. Restricted travel 5. Home confinement 6. In-patient treatment 7. Extension of parole time

5 Page 5 of 5 Third Offense: One or more of the following sanctions could apply in addition to one or more of the sanctions listed under first or second offense. 1. One to five day shock incarceration (jail time) 2. Enhanced supervision 3. Electronic monitoring 4. Improvement Period imposed by the Parole Board with added conditions 5. Revocation of Parole NOTE: Serious or repeated violations of parole or new crimes committed during any level of sanctioning can lead to submission of paperwork for Parole Board review of violations and possible revocation of parole regardless of whether a first or subsequent offense. N. This policy directive and related procedures are not directed at employees and other persons who may enter upon the grounds of WVDOC units; separate policy and procedure shall apply to them. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date

6 Attachment #1 STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS VOLUNTARY ADMISSION I,, do voluntarily admit to using the substance(s) checked below ( insert name/number) within the last days. (insert number) Cocaine Marijuana Alcoholic Beverage Amphetamines (inc.ice) Barbiturates Opiates Phencyclidine (PCP) Other: I make this admission freely and voluntarily without any threats or promises being made to me. Offender s Signature and ID Number Date Officer s Signature Date