N.J. Admin. Code § 10A:3-5.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:3-5.11 - Collection, storage and analysis of specimens

(a) Testing shall be conducted by staff who have been trained to perform the test(s).

(b) Specimens shall be collected, labeled, handled and, when necessary, sealed, stored, and transported in accordance with the instructions/standards provided by the manufacturer of the test.

(c) Testing shall be conducted using methods deemed reliable by the Department of Corrections.

(d) If the initial test result is positive, the specimen shall be subject to a confirmation test of equal or greater sensitivity than the initial test.

(e) Each time a specimen is collected for the reasons stated in 10A:3-5.1 0, form 172-I Continuity of Evidence-Urine Specimen or form 172-II Continuity of Evidence-On Site Urine Specimen Testing shall be completed and maintained with the specimen.

1. Verbal assistance or interpretation, and assistance in signing the continuity of evidence forms shall be provided to illiterate inmates, inmates not sufficiently conversant with the English language or inmates otherwise unable to read or write due to physical/medical inability. Such assistance shall be documented on the continuity of evidence form by the custody staff member or other authorized staff member who witnessed the voiding of the specimen.

2. Should the inmate refuse to sign, the custody staff member or other authorized staff member who witnessed the voiding of the specimen shall indicate the refusal on the continuity of evidence form.

(f) If testing is conducted through urinalysis, specimens taken from inmates shall be voided directly into an approved specimen container and immediately labeled in the presence of the inmate and at least one custody staff member or other authorized staff member of the same gender as the inmate.

1. A minimum of 30 milliliters must be voided to ensure a sufficient quantity for all required testing.

2. Urine specimen testing shall be performed on-site or at a licensed laboratory as determined by the Commissioner or designee.

3. For initial on-site and confirmatory on-site testing of a urine specimen, the labeled specimen shall be tested and handled in accordance with the instructions/standards provided by the manufacturer of the on-site test. Chain of custody of the specimen shall be maintained.

4. For initial laboratory and confirmatory laboratory testing of a urine specimen, the labeled specimen shall immediately be closed and sealed in the presence of the inmate by the custody staff member or other authorized staff member. Chain of custody of the specimen shall be maintained.

5. The specimen label shall include the inmate's name and number, the correctional facility to which the inmate is assigned, the name of the custody staff member or other authorized staff member who witness the voiding of the specimen, the date and time the specimen was voided, and the inmate's signature. Verbal assistance or interpretation, and assistance to inmates signing the specimen label shall be provided to illiterate inmates, inmates not sufficiently conversant with the English language or inmates otherwise unable to read or write due to physical/medical inability. Such assistance shall be documented on the continuity of evidence form. Should the inmate refuse to sign, the custody staff member or other authorized staff member who witnessed the voiding of the specimen shall indicate the refusal on the label and on the continuity of evidence form.

6. When an initial urine test result is positive, the custody staff member or other authorized staff member who signs the label as witness shall, as soon as reasonably practicable, deliver the urine specimen to the Special Investigations Division Investigator or other custody staff member responsible for maintaining custody over evidence.

7. For laboratory confirmatory testing, the urine specimen shall be placed in a locked and secure refrigerator or freezer by the custody staff member or other authorized staff member responsible for maintaining custody over evidence as soon as reasonably practical, but in no event later than eight hours after the specimen was voided.

8. The custody staff member or other authorized staff member who receives custody of the urine specimen shall record on the continuity of evidence form the date and time the specimen was received, the name of the staff member from whom it was received, and the date and time of specimen placement into the evidence locker and/or locked refrigerator.

9. Inmate urine specimens transported out of the correctional facility for laboratory testing shall be transported, where reasonably practical, in an iced cooler or similar device. The date and time of the removal of the urine specimen from the correctional facility, as well as the date and time of specimen receipt by the testing facility shall be noted on the continuity of evidence form by the person(s) performing these functions.

10. Laboratory testing of urine specimens shall be conducted only when the urine specimen arrives at the testing facility in a sealed and approved urine specimen container.

(g) Inmates charged with the use of prohibited substances not prescribed by the medical staff based upon the results of testing shall be advised of the results of any tests at least 24 hours prior to any disciplinary hearing ordered because of those charges.

(h) All testing shall be accomplished in a professional and dignified manner with maximum courtesy and respect for the inmate's person.

(i) No inmate shall be disciplined for refusing to provide a specimen or failing to comply with an order to submit a specimen unless that inmate has been given a reasonable physical opportunity to comply with such order.

1. For the purposes of urine testing, a reasonable physical opportunity shall constitute a two-hour period from the time of the initial order. The inmate may be required to remain in isolation during this two-hour period.

2. The inmate shall not be deemed to have complied with the order to submit a specimen unless he or she provides a specimen in the presence of a custody staff member or other authorized staff member.

N.J. Admin. Code § 10A:3-5.11

Recodification: This section was recodified from N.J.A.C. 10A:3-5.9.
See: 19 N.J.R. 1175(a), 19 N.J.R. 1813(a).
Amended by R.1989 d.140 effective 3/20/1989.
See: 21 N.J.R. 10(a), 21 N.J.R. 765(c).
At (b)1. . . . "in the presence of the inmate" . . ., added.
Amended by R.1991 d.503, effective 10/7/1991.
See: 23 N.J.R. 1259(a), 23 N.J.R. 3031(b).
Established minimum amount of urine necessary to provide an adequate sample for analysis.
Recodified from 10A:3-5.10 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
In (b)3, inserted inmate signature requirement and procedure upon inmate's refusal to sign. Former rule recodified to N.J.A.C. 10A:3-5.12.
Petition for Rulemaking.
See: 30 N.J.R. 3340(a), 30 N.J.R. 3703(a).
Amended by R.2000 d.33, effective 1/18/2000.
See: 31 N.J.R. 3577(a), 32 N.J.R. 303(b).
Rewrote the section.
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
Amended by R.2004 d.223, effective 6/21/2004.
See: 36 N.J.R. 1168(a), 36 N.J.R. 3057(a).
In (e), added 1 and 2; in (f)5, deleted "the current use of non-use of prescription medication by the inmate," following "voided," and added the second and third sentences.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In the introductory paragraph of (e), deleted "a continuity of evidence" preceding "form", and inserted "172-I Continuity of Evidence-Urine Specimen or form 172-II Continuity of Evidence-On Site Urine Specimen Testing"; and in (i)1, substituted "may be" for "maybe".