Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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37 Pa. Code § 451.113. Drug Testing Program.

§ 451.113. Drug Testing Program.

 (a)  The board will approve and implement written policies and procedures for the Drug Testing Program.

 (b)  The Drug Testing Program policies and procedures shall include the following elements:

   (1)  The purposes of testing, that is, whether it is for rehabilitative or treatment purposes, for the protection of the community, for the use of the Court in sentencing or for the compilation of statistics.

   (2)  The manner of offender selection, that is, whether Court-ordered, randomly selected or applicable to eligible offenders.

   (3)  The frequency of testing.

   (4)  The chain-of-custody procedures.

   (5)  Confirmation procedures for positive drug tests through the use of a more sensitive procedure than used in initial screening and the rationale for use of the particular method selected.

   (6)  A description of drug testing methodologies.

   (7)  A policy regarding reporting and use of testing results.

   (8)  A confidentiality policy.

   (9)  Evaluation procedures.

   (10)  A monitoring component to ensure offenders’ compliance with the conditions of the Drug Testing Program.

   (11)  Policy and procedure for responding to major and minor violations of Drug Testing Program conditions.

Source

   The provisions of this §  451.113 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4406; amended December 25, 1992, effective December 26, 1992, 22 Pa.B. 6112. Immediately preceding text appears at serial pages (160838) to (160839).

Cross References

   This section cited in 37 Pa. Code §  451.34 (relating to Prison Facilities Improvement Act funding qualification and Intermediate Punishment Sentencing Act authority or Intermediate Punishment Sentencing Act authority only); 204 Pa. Code §  303.12 (relating to guideline sentence recommendations: sentencing and correctional programs); and 204 Pa. Code §  303a.1 (relating to preliminary provisions).



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