Identified drug user (IDU) status will be applied for the purpose of providing special management for all prisoners identified as drug users.
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 or a Visiting Justice.
When the prisoner is 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, the IDU status must be applied for a period of 12 months.
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.
The prison director, under exceptional circumstances may permit IDU status prisoners to have a contact visit:
on compassionate grounds, for example to nurse a child for feeding purposes
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 Corrections 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's management plans.
The reasons for allowing IDU status prisoners a contact visit(s) must be documented and referred to the National Intelligence Unit (NIU).
Any period already spent on booth visits prior to the charge being heard should be deducted from the period that the prisoner is to spend on booth visits under the relevant IDUS criteria. For example, 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.
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 (IDU-VC) to take two (negative) tests to have the IDUS removed completely.
Prisoners are not entitled to apply for IDU-VC until they have spent the required time on IDUS. For example, in the case of an IDUS1 prisoner, he / she cannot apply for IDU-VC until three months after the date of conviction. This is the case regardless of the fact that he / she will have completed booth visits two months after the date of conviction, due to the 1 month on booth visits prior to conviction.
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.
Each drug or alcohol related charge, as a result of different incidents, will be considered separately. All periods of denied access will be concurrent from the date of each new conviction and / or offence date.
Designated collection officers will apply the IDU status and advise the prisoner’s unit PCO 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.
Designated collection officers will advise National Office when prisoners are placed on IDU status for a drug related offence other than a positive drug test.
Unit PCO's will be responsible for the special management of IDU status prisoners.
Disciplinary offences that result in the IDU status being applied are:
without the authority of a medical officer or health centre manager, used any drug or consumed alcohol (whether inside or outside a prison); or
having been required to submit to a prescribed drug or alcohol test procedure refused to comply with that requirement; or
having been required to submit to a prescribed drug or alcohol test procedure without reasonable excuse, failed to comply with that requirement; or
did any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
consumed, administered, or supplied any substance with intent to dilute or contaminate the sample;
otherwise tampered with the sample.
possession of surplus prescribed drugs, non-prescription drugs, substances identified as drugs of addiction, alcohol or substances involved in its production;
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.
A prisoner’s past and present IDU status will be recorded in reports to the New Zealand Parole Board.
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.
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.
Prisoners with IDU status may not be granted normal temporary release and each case will be independently assessed for suitability by the prison director. Exemptions for compassionate or other special purposes will be at the discretion of the prison director in keeping with health and safety rules and the provisions of the regarding POM M.04.06 Temporary release and M.04.07 Release to work.
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.
In addition to the information on drug and alcohol testing provided to prisoners through the formal induction programme, staff should take advantage of informal opportunities to remind prisoners about how drug or alcohol use will affect their sentence management, identified drug user (IDU) status, and what this status means.
S.07.R03.01 Removal of IDU status
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.
Designated collection officers must ensure that the prisoner reads and signs the S.07.Form.05 Advice to prisoner providing a sample under the IDU-VC.
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 that 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.
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 that the test is created manually.
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 that the analyst’s certificate is issued.
Prisoners found tampering, adulterating or substituting their sample who have provided it under the IDU-VC category, will not be charged with an offence but will have their IDU status raised to the next level.
Designated collection officers on return of a positive test from a manual IDU-VC category test must fill in the S.07.Form.06 Notice to prisoners on provision of positive drugs test under the IDU-VC. 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.
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 director; and given a reasonable period, not exceeding 3 hours, within which to provide a urine sample; and provided with approximately 200 ml of water per hour to drink.
Should a prisoner refuse or fail to provide a sample when required to do so (under IDU-VC category) the prisoner's request to come off IDU will be declined and no further attempts will be allowed to come off their current IDU status.
Should a prisoner refuse or fail to provide a sample when required to do so under other tests (none IDU-VC), a charge should be laid.
Sample B will be retained by the laboratory in case a prisoner wishes to have it tested.