B.05.01.R1 Random Testing Programme (National Requirement)

General Random

Testing General random testing programme

1. A random testing programme known as the general random testing programme is established for the following purposes:
   1. to collect information about patterns of drug use and alcohol consumption by prisoners in order to develop, monitor, and evaluate the drug and alcohol strategy issued under section 123 of the Corrections Act 2004.
   2. to permit assessment and appropriate management of prisoners in relation to their drug use and alcohol consumption:
   3. to deter drug use and alcohol consumption by individual prisoners:
   4. to check compliance with conditions attached to a prisoner's participation in any programme:
   5. to reduce the risk of personal injury or property damage that may arise if a prisoner is under the influence of drugs or alcohol.
2. The general random testing programme applies to the following classes of prisoner:
   1. all remand prisoners who have been in custody for a continuous period of 30 days or more:
   2. subject to Procedure 3, all prisoners (other than remand prisoners) who have been in custody for a continuous period of 30 days or more.
3. Procedure 2 (b) does not apply to a prisoner who is within 10 days of -
   1. the prisoner's statutory release date; or
   2. the prisoner's applicable release date as defined in 107(9) of the Parole Act 2002; or
   3. the date on which the prisoner is in accordance with a decision made by the New Zealand Parole Board to be released on home detention, parole, or compassionate release; or
   4. the prisoner’s final release date (if he or she is to be released under section 104 of the Parole Act 2002).

Temporary Release Programme

4. A random testing programme known as the temporary release programme is established for the following purposes:
   1. to deter drug use and alcohol consumption by prisoners who are temporarily released from custody under section 62 of the Corrections Act 2004:
   2. to check compliance with conditions attached to the temporary release of a prisoner under that section.
5. The temporary release programme applies to all prisoners who have been temporarily released from custody from prison, under section 62 of the Act, and who have not served more that 14 days since returning to the prison at the expiry of that release or period of removal.

Requirements

Requirements for random testing programmes

6. Each random testing programme must fulfil all of the following requirements:
   1. every prisoner in the class or classes of prisoner to which the programme applies must be eligible for selection on each occasion that a sample is drawn:
   2. in the course of 1 month, -
      • no more than 10% of eligible prisoners may be selected in a random testing programme that applies to any class of prisoner referred to in regulation 144 of the Corrections Regulations 2005 ; and
      • no more than 20% of eligible prisoners may be selected in a random testing programme that applies to a class of prisoner referred to in regulations 145 and 146 of the Corrections Regulations 2005:
   3. a prisoner selected for testing must undergo it, unless -
      • the Prison Manager, or a staff member authorised for the purpose by the Prison Manager, certifies that the prisoner's selection was not in accordance with a methodology specified in regulation 148 of the Corrections Regulations 2005; or
      • a medical officer certifies that there are medical or psychological reasons why the prisoner should not be required to provide a urine sample.

Methodology

Random selection methodology

7. An equal percentage of eligible prisoners in each random testing programme must be selected each week for testing.
8. The names of prisoners to be tested under a random testing programme must be selected by a computer programme that uses a pre-defined algorithm to randomly select each prisoner who is eligible to be tested under that programme.
9. The Prison Manager must ensure that the name of a prisoner to be tested under a random testing programme is not disclosed to any prisoner (including the prisoner selected for testing) until the prisoner is required to produce a urine sample.

If prisons or regions find that the number of randomly selected prisoners is reducing their ability to test under Reasonable Grounds, Voluntary Participant in a programme and Identified Drug User-Voluntary Check, the prison should contact the National Drug Strategy Administration Officer.  The officer will consult with the prison and if necessary will review/alter the annual testing targets.