Prison Service Order



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Prison Service Order

ORDER


NUMBER

3601




Mandatory Drug Testing


Date of Update: 06/03/07

 

Link to List of Contents

 

 


Date of Issue


18/11/2005

Issue Number


250




This replaces PSO 3601 issue 219 (December 2004)

 

PSI Amendments should be read in conjunction with the PSO

 


Date of further amendments










06/03/2007

PSI 11/2007 – Amendments to MDT contract

(incorporated into this version of PSO 3601)



15/08/2006

PSI 24/2006 – Removes reference to F254 and F256. Updates Appendices 7 and 16. These changes have been made to the intranet version.

20/04/2005

PSI 16/2005

September 05

MDT Bulletin 38

 

 

MANDATORY DRUG TESTING FOR PRISONERS

 

 

MANUAL OF POLICY AND PROCEDURES

 

 

 

 

NOTE: ALL SIGNIFICANT CHANGES FROM BULLETINS ONE TO THIRTY-EIGHT ARE INCORPORATED

THIS VERSION REPLACES ALL PREVIOUS EDITIONS OF THE MANUAL AND PSO 3601

AND INCORPORATES PSO 3605

 

 

Drug Strategy Unit

November 2005


Librarians must remove and destroy the contents of PSO 3601, which was issued in a ring binder (issue 219) and replace it with this amended version. (issue 250).


 

EXECUTIVE SUMMARY

 


 STATEMENT OF PURPOSE

 

This PSO updates and consolidates requirements and procedures for the conduct of mandatory drug testing (MDT). It replaces PSO 3601 and revises the Manual of Policy and Procedures issued in January 1997. The former PSO 3605 - relating to Independent Analysis procedures - is subsumed as an Appendix. All significant changes from MDT update bulletins 11 to 42 are also incorporated.

 

 


DESIRED OUTCOME

 

Consolidation of good practice and mandatory requirements in relation to all aspects of MDT. Providing answers to a range of questions on procedures raised consistently by operational colleagues. Ensuring all relevant information on MDT is readily accessible from one source document.

 


MANDATORY ACTIONS

 

The PSO contains guidance and instructions. Key mandatory requirements include:

 

Establishments with an average population in the previous 12 months of 400 or more must random test at least 5% of their population each month. Establishments with an average population of less than 400 must test at least 10% of their population each month. No more than 15% of population per month may be random tested. Targets levels of testing must be achieved every month, not just over a period of twelve months.



 

At least 14% of random tests must be carried out at weekends. Weekend testing must not take place less frequently than once in every three weekends.

 

All prisoners appearing on the main random list must be tested, except those declared by Healthcare to be unfit for testing and those already discharged. They can be drawn in any order. The reserve list may be used when the main list is exhausted, but names from this list must be drawn in strict order of appearance on the list.



 

Governors and Area Managers must agree the target level for random MDT positives, taking into account the national Key Performance Indicator target.

 

Strict adherence to the instructions given in the Manual. These cover all aspects of the process, including legal requirements, sample collection, chain of custody procedures, response when prisoners test positive, health and safety, healthcare matters and independent analysis procedures



 

All prisoners found guilty on adjudication of administering a Class A drug, for example, heroin, cocaine or methadone, must be placed on a programme of mandatory frequent testing. The number, frequency and period of frequent tests remain at governors’ / directors’ discretion.

 

Establishments must ensure as far as possible that diversity monitoring information is recorded when completing MDT Chain of Custody forms.



 

Establishments must ensure that procedures are in place to ensure prisoners have had the opportunity to have their samples analysed by an independent laboratory before any related disciplinary proceedings are completed.

 

Establishments are required to provide information about MDT to prisoners on reception and those charged with administering a controlled drug. The leaflet "MDT Information to Prisoners" and booklet "Information to Prisoners on Mandatory Drug Testing" are included at Appendix 3.

 


RESOURCE IMPLICATIONS

 


This PSO consolidates current good practice, and therefore no additional resources are necessary. Area managers and governors/directors may wish to consider if resources, outcomes and the balance of testing need to be reviewed within their own areas and establishments.

 

IMPLEMENTATION DATE:

1 January 2006


 

 

 



 

 

 



 

Director : Michael Spurr

 

 

 



 

 

 



 

Director of Operations



 

Further advice or information on this PSO can be obtained from:

 

Rupert Woods and Jeffrey Tribe, NOMS Interventions and Substance Abuse Unit, Drug Strategy Team, 3rd Floor Fry Building, 2 Marsham Street, London SW1P 4DF tel 0207 0356138/6137 



 

 

[Updated 06/03/07 in accordance with PSI 11-2007]



 CONTENTS

 

CHAPTER 1 – MANDATORY DRUG TESTING IN CONTEXT

 


Introduction

1.1

About this manual

1.6

 

 CHAPTER 2 – LEGAL PROVISION FOR DRUG TESTING

 


Types of drug testing within prison

2.1

The Prison Act

2.2

Prison Rules

2.4

Prisoners who refuse to provide a sample

2.12

The European Convention on Human Rights

2.16

Prison response when faced with a Human Rights challenge

2.25

High Court judgements

2.28

Points arising from Ombudsman’s cases and appeals

2.35

 

 CHAPTER 3 – MANAGEMENT OF THE MDT PROGRAMME

 


Setting the levels of testing

3.5

Planning a balanced MDT programme

3.10

Weekend testing

3.15

The outcome of testing

3.16

The blind performance challenge programme

3.18

 

CHAPTER 4 – TYPES OF DRUG TEST AND EXEMPTIONS FROM TESTING

 


Introduction

4.1

Random testing programme

4.4

Testing on reasonable suspicion

4.22

Risk assessment

4.28

Frequent testing programme

4.33

Testing on reception

4.47

Mother and baby units

4.56

Exemptions from mandatory drug testing

4.60

 

CHAPTER 5 – PLANNING AND ORGANISING A DRUG TESTING PROGRAMME

 


Introduction

5.1

Staffing

5.2

Sample collector training

5.3

The sample collection site

5.5

Equipment and supplies required for the collection of samples

5.8

Other equipment

5.10

Publication of governor's authorisation

5.14

Information to prisoners

5.16

Notice to be issued to prisoners required to provide samples

5.18

Information to staff

5.19

Information to others

5.21

Health and safety

5.23

Latex gloves

5.25

 
CHAPTER 6 – SAMPLE COLLECTION AND DESPATCH OF SAMPLES

 


Chain of custody

6.2

Preparation of sample collection site

6.4

Equipment required for the collection of a sample

6.6

Selection of prisoners

6.7

Escorting of prisoners to sample collection sites

6.9

Presence of staff in the MDT suite

6.11

Requiring the prisoner to provide a sample

6.13

Search procedures

6.15

Hand washing

6.20

Explanation of requirements

6.21

Prisoner privacy when providing a sample

6.25

Privacy for women prisoners

6.30

Women with babies

6.36

Sample volume

6.38

Confinement of prisoners pending collection of a sample

6.42

Continued difficulty in providing a sample

6.60

Providing a sample during confinement

6.66

Refusal and non-co-operation

6.69

Interference with the MDT process

6.74

Falsification of documents

6.88

Actions to be taken immediately after sample provision

6.97

Action to be taken when interference is suspected

6.103

Filling, sealing and packing the sample tubes

6.112

Opening the chain of custody form

6.125

Selecting the drug tests required

6.129

Completing the chain of custody form

6.133

Packing the sample

6.135

Errors in chain of custody procedure

6.138

Disposal of surplus urine

6.140

Storage of the sample

6.141

Arrangements for despatch of samples

6.143

Storage of records

6.148

Filing arrangements

6.149

 

CHAPTER 7 – SCREENING AND CONFIRMATION TESTS

 


Introduction

7.1

The screening test

7.2

Use of “dip and read” kits and on-site screening machines

7.20

The laboratory screening certificate

7.21

Actions to be taken following receipt of a screening test result

7.26

When to request a confirmation test

7.27

Positive tests due to prescribed medication

7.37

The confirmation test

7.38

Arrangements for requesting confirmation tests

7.41

Fast track for confirmation tests

7.43

Laboratory confirmation report

7.45

Transfer of prisoners

7.46

Enquiries

7.49

 

CHAPTER 8 – LAYING CHARGES AND ADJUDICATION PROCEDURES

 


Introduction

8.1

Preparation of disciplinary charges

8.3

Issues to be checked prior to laying charges

8.6

Action to be taken following the detection of codeine and dihydrocodeine

8.7

Errors in the sample collection procedure

8.9

Applicability of Prison/YOI Rules

8.10

Prisoners appearing at court

8.11

Police custody

8.13

Release on temporary licence

8.14

Waiting periods

8.15

Discovery of the offence

8.20

Preparation of charges using F1127

8.26

Multiple charges

8.29

Amending the charge

8.34

The adjudication process

8.36

Additional days

8.37

Proof beyond reasonable doubt

8.38

Guilty pleas

8.39

Multiple charges of possession and misuse

8.41

Evidence of administering a controlled drug

8.42

Express defences

8.43

Passive smoking

8.50

Innocent consumption of otherwise illegal substances

8.55

Drug levels

8.59

Independent analysis

8.63

Expert evidence and legal representation

8.70

Contradictory expert evidence

8.81

DNA profiling of urine samples

8.86

Possession of articles that might interfere with the MDT process

8.93

LIDS codes for entering adjudication results

8.94

  

CHAPTER 9 – RESPONDING TO A POSITIVE TEST RESULT

 


The balance between support and punishment

9.1

Developing a supportive response to a positive test

9.5

Options for a control response

9.13

Levels of disciplinary punishment

9.14

Administrative measures

9.19

Other responses to positive mandatory drug tests

9.29

Remission of additional days

9.39

  

CHAPTER 10 – HEALTHCARE ISSUES

 


Healthcare staff

10.1

Prisoner's consent to medical disclosure

10.5

Procedures for disclosure of medical information

10.10

Recording of medical information

10.13

Examination of prisoners unable to provide a sample

10.14

 

CHAPTER 11 – RECORD KEEPING AND MDT PERFORMANCE DATA

 


Record keeping

11.1

Retention of samples

11.10

MDT performance

11.14

Spoiled samples

11.29

Accuracy of data

11.31

Monitoring performance

11.40

 

TABLES AND CHARTS: 


Table 5.1

Kits and forms available from Enterprise and Supply Services 


5.9

Table 5.2

Sources of other equipment necessary for MDT

 


5.10

Table 5.3

Health and safety arrangements

 


5.24

Chart 6.1

Collection and Despatch of Samples

 


6.150

Table 7.1

Cut-off values applied to MDT assays

 


7.5

Table 7.2

Reliability of screening tests

 


7.13

Table 7.3

Wording of adulterated sample reports

 


7.23

Table 7.4

Action in response to a positive screening test

 


7.34

Chart 7.1

Timescales for screening confirmation and adjudication


7.51

Table 8.1

Minimum waiting periods for drugs


8.17

 

Appendices

 

 

1.

Legislation covering drug testing in prisons:

 

 

Extract from Prison Act 1952

Extract from Prison Rules 1999 and Young Offender Institution Rules 2000.

 

 

 

2.

Mandatory Drug Testing Authorisation Form

 

 

3.

Information available to prisoners on MDT:

 

 

a) Booklet ‘Information to prisoners on Mandatory Drug Testing (HF025),

b) Leaflet ‘MDT Information to Prisoners’ (HF023).

 

 

4.

Blind Performance Challenge Process.

 

 

5.

Step-by-step guide to list generation from LIDS.

 

 

6.

Roles of Mandatory Drug Testing Staff.

 

 

7.

MDT Contact List.

 

 

8.

Examples of designs for sample collection sites.

 

 

9.

Information to staff.

 

 

10.

Health and Safety arrangements for the criteria and testing of urine samples.

 

 

11.

Chain of Custody Form

 

 

12.

MDT Register (HR015).

 

 

13.

Acknowledgement of packages by gate staff (Form HF014).

 

 

14.

Laboratory Screening Test Reports.

 

 

15.

Laboratory Confirmation Report.

 

 

16.

Examples of F1127.

 

 

17.

Procedures for the independent Analysis of MDT Samples.

 

 

18.

Form for Consent to Medical Disclosure.

 
CHAPTER 1 - MANDATORY DRUG TESTING IN CONTEXT

Back to List of Contents

Introduction

 

1.1 Powers to require prisoners to provide a sample for drug testing purposes were introduced as part of the Criminal Justice and Public Order Act 1994 (Appendix 1).



 

1.2 On its own, mandatory drug testing (MDT) cannot solve the problem of drugs within prisons. It can, however, contribute to the overall objective of reducing drug misuse when used as part of a wider and more comprehensive drug strategy. The Prison Service Drug Strategy Tackling Drugs in Prison, published in May 1998, seeks to provide a more balanced and consistent approach with much greater emphasis on the provision of treatment and support programmes. This can only be done by implementing mandatory drug testing as part of a wider anti-drug misuse strategy.

 

1.3 Mandatory drug testing impacts upon many areas of prison life and raises a complex series of legal, procedural and ethical questions.



 

1.4 The specific objectives of mandatory drug tests are as follows:

 

  • to increase significantly the detection of those misusing drugs and to send a clear message to all prisoners that if they misuse drugs they have a greater risk of being caught and punished;

 

  • to help prisoners to resist the peer pressure often placed on them to become involved in drug taking, due to the increased possibility of detection;

 

  • to help to identify prisoners who may need assistance to combat their drug problems with assistance offered to those who want it;

 

  • to provide, by means of the random testing programme, more accurate and objective information on the scale, trends and patterns of drug misuse, allowing prisons to manage and target more effectively their resources for tackling drug problems; and

 

  • to enable the proportion of prisoners testing positive for different drug types on the random testing programme to be used as one performance indicator of drug misuse.

 

1.5 As part of the wider drug strategy, the Prison Service is committed to making available a voluntary testing programme for all those suitable prisoners requesting a place. One of the elements of voluntary testing is a regular drug testing programme using an in-house screening device. Whilst the objectives of mandatory and voluntary testing are quite distinct, there is much common ground in the practical aspects of delivering the initiatives; for example, in sample taking, ensuring continuity of practice and the interpretation of test results. Whilst voluntary testing is seen by many as requiring less rigorous practice, many of the elements of the MDT process should be regarded as good practice no matter what the drug testing environment.

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