Chapter 5 – Adult Custody and Security Operations

The California Code of Regulations (CCRCalifornia Code of Regulations) includes a disciplinary process and approved chain of evidence or controlled substance-related offenses by inmates. The CCRCalifornia Code of Regulations also prohibits employees and visitors from being under the influence of, or possessing, alcohol or controlled substances while on any California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) institution, camp, contract health facility, or community correctional facility.

Each Warden and Regional Parole Administrator (RPARegional Parole Administrator) shall ensure that procedures for preventing the introduction of controlled substances and alcohol into their jurisdiction are in place and enforced.

Each Warden and RPARegional Parole Administrator shall ensure that any controlled substance that is confiscated in their jurisdiction is recorded, stored, tested, and disposed of in accordance with applicable laws.

This section establishes standard procedures for recording, storing, field testing, and disposing of controlled substances. This section also establishes a procedure to ensure that all urine samples obtained from inmates for laboratory analysis are collected and processed in a uniform method which consistently maintains the approved chain of evidence.

The CDCRCalifornia Department of Corrections and Rehabilitation utilizes a variety of methods for testing inmates and parolees to detect the use of controlled substances and alcohol, and responds to confirmed positive tests with sanctions, interventions, or both. The purpose of the testing, sanctions, and interventions are to reduce drug use,  hold  individuals  accountable  for  their  actions,  provide  opportunities  for  long-term  recovery  from  addiction,  and  increase  institutional  security  and  public  safety.  All CDCRCalifornia Department of Corrections and Rehabilitation inmates and parolees are subject to testing.

Controlled Substance

Controlled Substance means any drug, narcotic, opiate, hallucinogen, depressant or stimulant as defined by Health and Safety Code (H&SCHealth and Safety Code), Division 10, Chapter 1, section 11007. Also included are prescribed medications containing any of the substances identified in H&SCHealth and Safety Code, Division 10, Chapter 1, section 11007.

Controlled Medication

Controlled Medication means any drug which is prescribed by a physician and is given to a patient in controlled dosages.

Distribution and Distributing

Distribution and Distributing mean the sale or unlawful disbursing, by an inmate or parolee, of any controlled substance, or the solicitation of, or conspiring with others in arranging for, the introduction of  controlled substances into any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility,  or community correctional facility for the purpose of sales or distribution.

Laboratory

Laboratory means any toxicological or criminalistics laboratory which has been recognized by the state, other certifying agency, or which is accepted by any local, county, or state prosecuting authority to provide evidence as to the presence of controlled substances in human bodily fluids or to confirm that a substance is or contains a controlled substance.

Possession, Distribution of Controlled Substances or Controlled Medications

Inmates are prohibited from possessing, injecting, ingesting, or otherwise introducing into their body any controlled substance, controlled medication, or intoxicant while incarcerated or under the supervision of CDCRCalifornia Department of Corrections and Rehabilitation without specific authorization to do so from a licensed CDCRCalifornia Department of Corrections and Rehabilitation or contract physician  or  psychiatrist.   Inmates  are  prohibited  from  distributing,  exchanging,  soliciting, or arranging for the introduction of controlled substances or controlled medications into any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility. Visitors are prohibited from possessing or being under the influence of any intoxicant or controlled substance while on or within any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility.

Under the Influence of Controlled Substance or Intoxicants

Inmates are prohibited from being under the influence of alcohol, controlled substances, or other intoxicants not defined as a controlled substance, in any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility.

The CDCRCalifornia Department of Corrections and Rehabilitation shall prescribe the products, equipment, and methods for testing suspected controlled substances or alcohol. Field or on-site testing shall be conducted by trained personnel only.

Field tests may be performed on any suspected controlled substance found on institution property, in the possession or under the control of any inmate, or persons other than inmates who come on any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility. Field tests of urine samples may be performed as a screening process prior to laboratory testing.

A sobriety test shall be conducted when there is reasonable suspicion the inmate may be under the influence of a controlled substance or alcohol.

All narcotic field test kits and methods shall be approved by the CDCRCalifornia Department of Corrections and Rehabilitation.

Approved departmental testing methods are as follows:

• Field or On-Site Testing – The testing of confiscated suspected controlled substances.

• Urine Testing – The securing of a urine sample from inmates for the purpose of testing for the presence of controlled substances or alcohol that the inmate has ingested, inhaled, or injected into their body.

• Sobriety Testing – The testing of physical indicators such as slurred speech, dilated pupils, or impaired mobility which indicate that the inmate is under the influence of a controlled substance or alcohol.

Records shall be maintained which document seizures of all controlled substances listed in H&SCHealth and Safety Code, Division 10, Chapter 2, sections 11054, 11055, 11056, 11057, or 11058, and substances confirmed to be controlled medication.

The seizure of any controlled substance or alcohol shall be documented in an evidence logbook to be maintained by each CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community health facility. The documentation shall include the CDCRCalifornia Department of Corrections and Rehabilitation number and name of each inmate from whom controlled substances are confiscated; the name, title, address, and identification number of any other person(s) from whom controlled substances are confiscated; the type of substance(s) that were confiscated; the amount (by volume or weight) of each substance that was confiscated; the place where the substance(s) is to be stored; the disposition of each substance; and whether or not the substance is being held as evidence for prosecution purposes.

Inmates shall not possess controlled medication in quantities exceeding the dosage specifically authorized by institution or facility health care staff, nor shall an inmate possess controlled medication prescribed to another inmate.

Identification of Controlled Medication

The identification of intact controlled medication may be confirmed by a licensed pharmacist and that confirmation may be used as evidence in a disciplinary hearing.

Inmates shall not use or possess any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming into the human body a controlled substance as identified in H&SCHealth and Safety Code, Division 10, Chapter 1, section 11014 or for the fermentation or distillation of alcohol.

The securing of a urine sample from an inmate, for the purpose of testing for the presence of controlled substances or for the use of alcohol may be done for the following reasons:

• Random Selection – When mandatory random testing is known to the inmate to be a condition for the inmate’s participation in a specific program, assignment, or activity.

• Suspect – When there is reasonable suspicion to believe the inmate has possessed, distributed, used, or is under the influence of a controlled substance or alcohol.

• Mandatory Random Drug Testing (MRDTMandatory Random Drug Testing) – As part of an authorized disposition of a disciplinary hearing pursuant to CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

• Mandatory Random Urinalysis Program – The inmate is selected by the Department’s mandatory standardized random drug testing selection process, in where a small percentage of inmates are randomly selected at predetermined regular intervals (e.g., daily, weekly) from a data file produced from the Department’s Strategic Offender Management System.

Random testing shall be conducted a minimum of four days per week. Random selection shall be made by a computer program which assures the random nature of the selection. Inmates shall be tested each time they are selected, regardless of the inmates’ last test. Inmates shall not be subject to additional disciplinary action for a positive test if that positive test is cumulative evidence of a previously charged disciplinary action.

To determine the inmates to be tested on each day of testing, the CDCRCalifornia Department of Corrections and Rehabilitation numbers of the population subject to testing are entered into the computer program, and the program is adjusted to produce a selection equal to the percentage of the population to be tested on that day, according to the reason for the random selection, as follows:

Mandatory Random Drug Testing Population
Inmates subject to MRDTMandatory Random Drug Testing as described in DOMDepartment Operations Manual subsection 52010.12(a)(3) are subject to random testing according to the following frequencies:

• First Offense – The inmate shall be retested within 90 days.

• Second and Subsequent Offenses – The inmate shall be placed in the MRDTMandatory Random Drug Testing program and must provide one random drug test every 90 days for one year. With each subsequent positive test and guilty finding, the Senior Hearing Officer shall reset the mandatory testing period.

Inmates found guilty of a rule violation related to the use, possession, sale, distribution, or introduction of controlled substances, drugs, or drug paraphernalia, or refusal to submit to a test for controlled substances, shall be placed on the institution’s MRDTMandatory Random Drug Testing list.

The institution Drug Testing Coordinator (DTCDrug Testing Coordinator) shall establish and maintain the MRDTMandatory Random Drug Testing list and schedule.

Inmates placed on MRDTMandatory Random Drug Testing shall be subject to MRDTMandatory Random Drug Testing in accordance with CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

The hearing official shall document the testing requirements on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1879,  Notice of Mandatory Random Drug Testing Requirements. The original document shall be scanned into the inmate’s Electronic Records Management Systems file and a copy maintained by the DTCDrug Testing Coordinator. If the inmate transfers prior to completion of the MRDTMandatory Random Drug Testing period, the receiving institution shall impose the remaining MRDTMandatory Random Drug Testing period upon classification review.

Each institution shall designate a DTCDrug Testing Coordinator at the rank of sergeant or above. The DTCDrug Testing Coordinator is responsible for:

• Monitoring the procedural operation of this section.

• Ensuring inmates found guilty in a disciplinary hearing of a drug-related offense are placed on the institutional MRDTMandatory Random Drug Testing list.

• Ensuring inmates placed on the MRDTMandatory Random Drug Testing list are  tested  CCRCalifornia Code of Regulations,  Title  15,  Division  3,  Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

• Approving and reviewing the accuracy of the MRDTMandatory Random Drug Testing list prior to testing.

• Reviewing all drug testing logs for accuracy and completeness.

• Ensuring all staff involved in the drug testing process are properly trained.

• Ensuring that the institution maintains a sufficient stock of sample bottles, lids, and labels.

Only staff properly trained and certified in the collection and processing of urinalysis samples shall be involved with the urine testing process.

Staff observing the collection of the urine sample shall be of the same gender as the inmate being tested.

The securing of a urine sample from an inmate for the purpose of testing for the presence of controlled substances or for the use of alcohol shall be conducted in accordance with CCRCalifornia Code of Regulations 3290(c).

When collecting the urine sample, staff shall ensure that reasonable security is maintained, consideration is given to the privacy of the inmate, and the test is conducted in a sanitary manner.

All urine collection shall be conducted in an area designated by the Warden.

Pre-Collection Duties

• The following functions shall be completed prior to the collection of the urine sample(s):

  • Prior to the test, staff shall conduct a thorough search of the area used to obtain the urine sample before the inmate enters the area. All potential contaminants shall be removed prior to the collection of the urine sample.

  • Establish positive identification of the inmate by picture identification card.

  • Ensure the inmate providing the sample removes any unnecessary garments or personal property and leaves these items outside the collection area.

  • The staff member collecting the urine sample shall inform the inmate of the reason(s) for requesting the urine sample. The inmate shall also be informed a refusal to provide a urine sample shall result in disciplinary action.

  • An inmate claiming the urine test may be affected by a prescription medication shall be offered a CDCRCalifornia Department of Corrections and Rehabilitation Form 7385, Authorization for Release of Protected Health Information, in order for staff to obtain a copy of their Medication Administration Record (MARMaster Assignment Roster) for later review. The inmate shall still be required to provide a urine sample.

Collection of Urine Sample

• Staff shall adhere to the following process during the collection of urine sample:

  • The sample collection shall be conducted in a sanitary setting, using universal precautions.

  • The staff member shall wear disposable gloves during the urine sample collection process.

  • The inmate shall be provided disposable gloves during the urine collection process and have access to clean running water after the urine sample collection is complete.

  • Utilize only sample bottles, lids, and labels provided by the current contract laboratory.

  • Clearly observe the flow of urine into the sample bottle.

  • Ensure the inmate(s) provide at least 20 cc of urine (two-thirds of the sample bottle) in order to adequately accomplish the required laboratory test.

  • After filling the sample bottle, the inmate will be instructed to secure the bottle, rinse the outside of the bottle with cold tap water, and then hand the secured sample bottle to the collecting staff member.

  • The staff member shall place the completed label on the sample bottle.

  • Place a security seal on the sample bottle.

  • The urine sample shall be processed in accordance with institutional procedures, which maintain the approved chain of evidence of the sample. Staff shall adhere to the contracted laboratory procedures when collecting, packaging, and storing urine samples.

  • Reasonable accommodation shall be afforded to inmates with disabilities to facilitate their full participation in drug and alcohol testing as provided in these rules.

  • Gloves used during the urine collection process shall be disposed of according to institutional procedures.

Records of all urinalysis results shall be  maintained  in  the  institution’s  urinalysis  logbook. The MRDTMandatory Random Drug Testing list shall be considered confidential and released to staff on an as needed basis only. Test results shall be logged, maintained, and processed by designated staff.

Inmates shall not refuse to provide an adequate urine sample for the purpose of testing for the presence of controlled substance(s) when lawfully ordered to do so. If the inmate is unable to provide a urine sample, the inmate shall be offered eight ounces of water to assist in providing a urine sample. The inmate shall also be allowed up to three hours, under staff observation, to provide a urine sample. Inmates who refuse or are unable to provide a urine sample shall be subject to disciplinary action in accordance with CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsection 3323(h)(5). If an inmate is unable to provide 20 cc of urine, within this time period, this shall be presumed a refusal. An inmate may rebut this presumption during the disciplinary process.

Staff shall request a Basic Drug Panel analysis of the urine sample unless the inmate’s behavior provides reasonable suspicion of other substance use. The Basic Drug Panel will detect the presence of the following substances:

Basic Drug Panel:

• Alcohol.

• Barbiturates (short and long acting).

• Amphetamines.

• Cannabinoids

• Cocaine.

• Codeine.

• Methamphetamines.

• Opiates Morphine (Heroin).

• Phencyclidine (PCP).

• Tetrahydrocannabinol (THC).

Additional urinalysis may be specifically requested to detect the use of the following substances:

• Synthetic Tetrahydrocannabinol (Spice).

• Fentanyl.

• Ethyl Glucuronide (EtG).

The Basic Drug Panel analysis will be conducted on each sample submitted to the laboratory.

To ensure that the integrity of the sample is not compromised, the approved chain of evidence must be maintained during processing and storage of the samples.

Each institution and facility must maintain a lock box for the storage  of  test  samples.  Only designated staff shall have access to the urinalysis lock box keys.

Upon completion of the test, the staff member conducting the test shall secure the sample in the urinalysis lock box.

A urinalysis logbook shall be maintained at each institution, which shall include the inmate’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, date of test and chain of custody of the sample.

Only designated staff shall remove the samples from the urinalysis lock box and forward the samples to the laboratory for analysis. The date the sample was removed, the name of the staff member who removed the sample, and the date the sample was sent to the laboratory shall be entered into the institution’s urinalysis logbook.

Staff must ensure the samples are processed in accordance with the contracted laboratory.

The date that any positive test results are received by the institution or facility shall represent the date of discovery for disciplinary action.

Upon receipt of the laboratory test results, the results shall be logged in the institution’s urinalysis logbook.

The DTCDrug Testing Coordinator shall notify and forward a copy of the laboratory results to the program office where the inmate is currently housed.

The officer who collected the urine sample shall document the results of the positive test on a Rules Violation Report charging the inmate with a violation of CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 2, Article 2, section 3016, Controlled Substance, Drug Paraphernalia and Distribution.

Medical Review Process

• Inmates who test positive during the Mandatory Random Urinalysis Program and contend the positive urinalysis test result may have been caused by their prescribed medication(s), may submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 7385 to pharmacy staff in order to obtain a copy of their MARMaster Assignment Roster at any time. Pharmacy staff shall provide a copy of the MARMaster Assignment Roster to the DTCDrug Testing Coordinator. The DTCDrug Testing Coordinator shall contact the contracted laboratory or consult the contracted laboratory’s written guidance to verify whether prescription medications were the cause for the positive test result(s). If it is determined by the contracted laboratory that the positive urinalysis result(s) are consistent with the inmate’s prescribed medication(s) no disciplinary action shall be taken and the result shall not be used for any purpose.

• If it is determined by the contracted laboratory that the positive urinalysis result(s) are inconsistent with the inmate’s prescribed medication(s), the inmate shall be subject to the appropriate disciplinary action.

Upon completion of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1754, the following documents shall be submitted to the court of jurisdiction to obtain a court order for destruction:

A declaration that includes the following statements:

• “I am a peace officer at (facility or parole unit).”

• “The cases are closed.”

• “It is necessary that the items be destroyed.”

• The actual completed court order to be signed by the judge.

• The evidence custodian shall retain a copy of the court order.
  

The evidence custodian shall coordinate with a representative from the local police, sheriff’s department, or State Department of Justice to participate in a scheduled destruction of controlled substances.

The designated staff member or evidence custodian of the facility investigative unit shall verify the controlled substances to  be  destroyed  and  sign  the  CDCRCalifornia Department of Corrections and Rehabilitation  Form  1754,  Controlled Substances for Destruction, prior to delivery to the destruction site.

All controlled substances scheduled for destruction shall be submitted in sealed containers. Each box or bag shall contain not more than 15 separate pieces of evidence to facilitate random checks by the local enforcement agency coordinator assigned to the destruction site.

One investigative unit supervisor and the evidence custodian shall transport the substances scheduled for destruction to the actual destruction site and witness the destruction.

The officers shall sign the evidence log indicating the date, place, and method of destruction.

The evidence custodian shall retain a copy of the court order and the CDCRCalifornia Department of Corrections and Rehabilitation Form 1754.

Providing additional security required when transporting large quantities of controlled substances for destruction is the responsibility of the investigative unit supervisor submitting the controlled substances for destruction.

Destruction of controlled substances shall be on a semiannual basis.

During the months of January and July, the designated staff member or designee shall prepare a CDCRCalifornia Department of Corrections and Rehabilitation Form 1754.

Initiation of the procedure should be made well in advance of anticipated destruction date due to the lengthy process necessary to secure the appropriate court order.

All controlled substances seized during the previous six-month period that are not being held as evidence for a criminal trial or a disciplinary hearing shall be listed on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1754.

The Division of Adult Institutions Director or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.