N.J. Admin. Code § 10A:72-6.8

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:72-6.8 - Collection, storage and analysis of specimens

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

(b) Test 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 Board.

(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:72-6.7, a continuity of evidence form provided by the Board shall be completed and submitted with the specimen to the parole officer's district parole office which is responsible for maintaining custody over the specimen until on-site testing or specimen transfer to the testing laboratory.

(f) The parolee shall not be considered in violation of a parole condition for refusal to provide a specimen or failing to comply with an order to submit a specimen unless that parolee 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.

2. The parolee 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 the parole officer, parole staff member or authorized treatment staff member.

(g) When testing is conducted through urinalysis, specimens taken from parolees shall be voided directly into an approved specimen container and immediately labeled in the presence of at least one parole officer, parole staff member or authorized treatment staff member of the same gender as the parolee. Chain of custody of the specimen shall be maintained.

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

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

4. For the initial laboratory testing, and confirmatory laboratory testing of a urine specimen, the labeled specimen container shall immediately be closed and sealed in the presence of the parolee by the parole officer, parole staff member or authorized treatment staff member.

5. The specimen label shall indicate the name and number of the parolee, the district parole office to which the parolee is assigned, the name of the parole officer, parole staff member or authorized treatment staff member who witnessed the voiding of the specimen, the date and time the specimen was voided, the current use or non-use of prescription medication by the parolee and the signature of the parolee. Should the parolee refuse to sign, the parole officer, parole staff member or authorized treatment staff member who witnessed the voiding of the specimen shall indicate the refusal on the label and on the continuity of evidence form.

6. For laboratory testing, the parole officer, staff member or authorized treatment staff member who signs the label as witness shall, as soon as reasonably practicable:

i. Record on the continuity of evidence form provided by the Board the date and time the parole officer, parole staff member or authorized treatment staff member received the specimen, the parolee from whom the urine specimen was received and the date and time of the specimen placement into a storage container and/or locked refrigerator or freezer;

ii. Place the urine specimen in a storage container and/or locked refrigerator or freezer; and

iii. Deliver the urine specimen to the district parole office which is responsible for maintaining custody over the specimen until transfer to the testing laboratory.

7. The date and time of the removal of the urine specimen from the district parole office as well as the date and time of urine specimen receipt by the testing laboratory shall be noted on continuity of evidence from provided by the Board by the person(s) performing these functions.

8. The laboratory shall not proceed with testing any urine specimen unless the urine specimen arrives at the laboratory in a sealed and approved specimen container.

(h) All testing shall be accomplished in a professional and dignified manner with maximum courtesy and respect being given to the parolee.

N.J. Admin. Code § 10A:72-6.8

Amended by R.2004 d.446, effective 12/6/2004.
See: 36 N.J.R. 2136(a), 36 N.J.R. 5359(a).
Rewrote the section.
Amended by R.2011 d.291, effective 12/5/2011.
See: 43 N.J.R. 1408(a), 43 N.J.R. 3184(a).
In the introductory paragraph of (f) and (f)2, deleted "inmate or" preceding "parolee" throughout; in the introductory paragraph of (f), inserted "a" preceding "parole"; in the introductory paragraph of (g), (g)4, (g)5, (g)6i, and (h), deleted "or inmate" following "parolee" throughout; in the introductory paragraph of (g), deleted "or inmates" following "parolees"; and in (g)5, deleted "or inmate," following the third occurrence of "parolee".