B.05.01.R2 Identified Drug User (IDU) Status - Special Management (National Requirement)

IDU Status Procedure

1. Identified Drug User (IDU) Status will be applied for the purpose of providing special management for all prisoners identified as drug users.
2. Prisoners found guilty of a disciplinary offence related to drugs or alcohol at a disciplinary hearing held by a Hearing Adjudicator or Visiting Justice, or an appeal heard by a Visiting Justice, or a criminal offence related to drugs or alcohol (post admission) in a court of law will have IDU Status applied for a period of 12 months.
3. The disciplinary offences that will result in the IDU Status being applied are:
   • using drugs or consuming alcohol;
   • refusing to submit to a prescribed procedure;
   • tampering with a sample;
   • possession of surplus prescribed drugs, non-prescription drugs, substances identified as drugs of addiction, alcohol or substances involved in its production, or any article associated with drug taking or usage (including an article that has been modified for the purpose);
   • trafficking in drugs or alcohol (including the diversion of a methadone or other opioid substitute dose);
   • possession of any unauthorised item that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124.
4. Crime Prevention Officers will apply the IDU Status and advise the prisoner’s Unit Manager in writing of the commencement date and condition to be imposed. A copy of the IDU status decision will be placed on the prisoner’s file.
5. Crime Prevention Officers will advise National Office when prisoners are placed on IDU Status for a drug related offence other than a positive drug test.
6. Unit Managers will be responsible for the special management of IDU Status prisoners.

Management of prisoners who return a positive drug test.

1. Prisoners who return a positive drug test result on an analyst's certificate may be put on booth visits pending a charge being heard.The IDUS (Identified Drug User Status) cannot be applied to the prisoner until a charge has been heard and has been found proven by a Hearing Adjudicator, Prison Manager or a Visiting Justice.
2. It is the responsibility of the Prison Manager to determine the way that visits to a prisoner who has returned a positive drug test should be supervised. There will be situations where contact visits occurring before a charge is heard pose a risk of drugs being transferred between the prisoner and the visitor.  Pursuant to Regulation 112 of the Corrections Regulations 2005, booth visits can be imposed prior to a disciplinary charge being found proven, if the circumstances necessitate such a course of action.
3. Regulation 112 requires that all visits must be supervised in a way that balances the needs of prisoner and their visitors for reasonable privacy, the need to maintain the safety of any person in the institution, the need to ensure the security and order of the institution and the need to prevent the transfer of unauthorised items between visitors and prisoner.
4. It is to be noted the imposition of booth visits is the only element of IDUS that may be imposed prior to the prisoner being found guilty of a drug related disciplinary charge and it must be done for one or more of the reasons outlined in regulation 112.
5. Once a charge has been heard, and if the prisoner is found guilty the IDUS must be applied. If the prisoner has been on booth visits prior to the charge actually being heard (in accordance with regulation 112), the period already spent on booth visits should be taken into consideration in the application of IDUS. This means that the period a prisoner spent on booth visits prior to a charge being heard and proved should be deducted from the period that the prisoner is to spend on booth visits under the relevant IDUS criteria. Therefore, a prisoner who has served a 1 month period on booth visits before being found guilty of a disciplinary charge would only have a 2 month period of booth visits to complete once the IDUS is imposed.
6. Prisoners will still have to spend 12 months on IDUS once convicted of a drug related charge, unless they apply under the Identified Drug User Voluntary Check (IDUVC) to take two tests to have the IDUS removed completely. Prisoners are not entitled to apply for IDUVC until they have spent the required time on IDUS.  For example, in the case of an IDUS1 prisoner, s/he cannot apply for IDUVC until three months after the date of conviction. This is the case regardless of the fact s/he will have completed booth visits two months after the date of conviction, due to the 1 month on booth visits prior to conviction.

Denied Access to Contact Visits and Special Visits Days

IDU status prisoners have their visiting restricted as follows;

• IDU 1 (first offence) - No contact or special visits for a period of 3 months
• IDU 2 (second offence) - No contact or special visits for a period of 6 months
• IDU 3 (third or more offence) - No contact or special visits for a period of 12 months

Visits Overalls

All prisoners must wear visits overalls during contact visits unless under exceptional circumstances as stated in this policy.

Advice to the New Zealand Parole Board

A prisoner’s past and present IDU status will be recorded in reports to the New Zealand Parole Board.

Security Classification Review

Prisoners found guilty of a second or subsequent disciplinary offence, or offence heard in court relating to drugs or alcohol may have their security classification reviewed.

Review of Work Placement

Work placements will be reviewed to determine if there is an occupational health and safety risk for an identified drug user to continue in their employed activities.

Review of Temporary Release

Prisoners with IDU status may not be granted normal temporary release under section 62 of the Corrections Act 2004 and each case will be independently assessed for suitability by the Prison Manager. Exemptions for compassionate, or other special purposes, will be at the discretion of the Prison Manager in keeping with health and safety rules and the provisions of the National System regarding temporary release and release to work.

Programmes

IDU Status prisoners will be encouraged to participate in approved drug and alcohol treatment and education programmes aimed at addressing offending behaviour and designed to assist in the establishment of drug free lifestyles.

Removal of IDU Status

1. At the completion of the applied IDU status timeframe a prisoner may apply to have his / her IDU status removed but must also provide two negative drug tests over an eight week period.
2. Designated Collection Officers must ensure the prisoner reads and signs the ‘Advice to prisoners who wish to provide a sample under the IDU-VC Category’ form’ (B.05.01.F5).
3. If on the day of testing a random test is available, that test should be used for the provision of the sample. The bottom of the form should be ticked indicating the test is ‘random’, and charges should be laid if a positive result is returned, or the sample is deemed by the laboratory to be invalid or inconsistent due to tampering.
4. If on the day of testing there is no ‘random’ or regulatory test available, the IDU-VC test must be created on the IOMS drug register, and the bottom of the form ticked indicating the test is created manually.
5. If a positive result is obtained or the sample is deemed by the laboratory to be invalid or inconsistent due to tampering from a manually created IDU-VC test, no charges should be laid. However the prisoner’s IDU status should be raised to the next level, effective from the date the Analyst’s Certificate is issued.
6. Prisoners found tampering, adulterating or substituting their sample who have providing it under the IDU-VC category, will not be charged with an offence but will have their IDU raised to the next level.
7. Designated Collection Officers on return of a positive test from a manual IDU-VC category test must fill in the form ‘Notice to prisoners on provision of a positive drugs test under the identified drug user voluntary check (IDU-VC) category’ (B.05.01.F6). A copy of the form must be given to the prisoner along with a copy of the Analyst’s certificate and a copy placed on the prisoner’s file.
8. A prisoner who does not provide a urine sample for the purpose of revoking their IDU status immediately or who accidentally spills his or her sample must be:
   • placed under supervision, in an area authorised for the purpose by the prison manager; and
   • given a reasonable period, not exceeding 3 hours, within which to provide a urine sample; and
   • provided with approximately 200ml of water per hour to drink
9. Should a prisoner refuse or fail to provide a sample when required to do so (under IDUVC category) the prisoners request to come off IDU will be declined and NO further attempts will be allowed to come off their current IDU status.
10. Should a prisoner refuse or fail to provide a sample when required to do so under other tests(none IDUVC) a charge should be laid.
11. Sample B will be retained by the laboratory in case a prisoner wishes to have it tested.

Further Offences

12. IDU Status prisoners who commit further drug or alcohol related offences in the same sentence will have a further 12 month period of IDU Status applied.
13. Each drug or alcohol related incident will be considered separately.  All periods of denied access will be concurrent from the date of each new conviction and/or offence date.

Exceptional Circumstances

14. Exceptional circumstances under which Prison Managers may permit IDU Status prisoners to have a contact visit are:
    • On compassionate grounds, for example to nurse a child for feeding purposes, or on a special occasion such as to comfort a bereaved family member or friend;
    • On medical advice, for example where it is in the interests of the mental or psychological state of a prisoner or their visitor;
    • During visits by official visitors, for example Department staff, Police or Lawyers;
    • To assist reintegration back into the community, re-establish family ties and/or facilitate prisoner drug education or treatment programmes and where the purpose of the visit is relevant to prisoner sentence management plans.
15. The reasons for allowing IDU Status prisoners a contact visit/s must be documented and referred to the National Crime Prevention Co-ordinator at National Office.