Or. Admin. Code § 291-042-0005 - Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish methods and criteria by which urinalysis testing will be conducted for substances of abuse to ensure compliance with OAR 333-024-0360.

(3) Policy: It is the policy of the Department of Correctionsto:

(a) Address the presence and use of substances of abuse in its facilities to reduce or eliminate use and to monitor compliance with laws through the use of urinalysis testing that is accurate and reliable; and

(b) Establish criteria for urinalysis testing of adults in the custody of the Department of Corrections.

(A) The department has a responsibility to protect the public, to provide a safe environment for staff and adults in custody, and to enforce the rules governing prohibited conduct. Substance abuse presents a threat to the safety of all staff and adults in custody. Urinalysis testing of adults in custody by use of random and for-cause testing criteria, combined with appropriate graduated sanctions and/or treatment, is an effective means of reducing substance abuse, trafficking and related violations which are prohibited within Department of Corrections facilities in accordance with the rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(B) These measures are implemented to reduce institution violence, and to the extent feasible, ensure that adults in custody released from correctional facilities are not abusing substances. The testing process further identifies adults in custody who have continued to have a substance-abuse problem while incarcerated and could be monitored more closely while on community supervision. Urinalysis testing also provides a mechanism to identify those adults in custody with substance abuse problems and target them for more frequent testing and treatment.

(C) The department shall use the same gender staff, or the gender approved by the Transgender and Intersex Committee for a specific adult in custody, to administer the collection of urine samples

Notes

Or. Admin. Code § 291-042-0005

CD 1-1986(Temp), f. & ef. 1-16-86; CD 5-1986, f. & ef. 3-14-86; CD 18-1990, f. & cert. ef. 9-21-90; CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. &cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09; DOC 15-2020, amend filed 10/01/2020, effective 10/1/2020

Statutory/Other Authority:ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented:ORS 179.040, 423.020, 423.030 & 423.075