N.Y. Comp. Codes R. & Regs. tit. 7 § 1010.5

Current through Register Vol. 46, No. 19, May 8, 2024

Section 1010.5 - Use of results

In a subsequent disciplinary hearing, the positive result of a test of suspected contraband drugs may be used as evidence that the suspected substance is what the test result indicates. In addition to the misbehavior report, the inmate shall be served with the following documents and the record of the hearing must include:

(a) the request for test of suspected contraband drugs form, see section 1010.8(a) of this Part;

(b) the contraband test procedure form, see section 1010.8(b) of this Part;

(c) the test report prepared by an outside agency subsequent to testing of the substance; if any;

(d) a statement of the scientific principals and validity of the testing materials and procedures used (for the Public Safety, Inc. NIK® System, see section 1010.8 of this Part ' for the NARK® II system, see section 1010.89(d); and

(e) a photocopy of the individual test instructions for each test used.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1010.5

Amended New York State Register April 13, 2016/Volume XXXVIII, Issue 15, eff.4/13/2016