**61^ST^ DISTRICT COURT DRUG TESTING POLICIES AND PROCEDURES**

### INTRODUCTION

The drug program is supervised by the Administration Department of the
Court. The

61^st^ District Court is financed by the City of Grand Rapids, with most
policies and statues

determined by the State of Michigan.

Population of Jurisdiction: 580,000

Offender Population: Pretrial: 16,311

Presentence: 3,300

Probation: 1,200 (mth)

Mission Statement: The 61^st^ District Court was established to promote
the maintenance of order in society and to provide a neutral forum for
dispute resolution. The drug testing program assists in order
maintenance by:

1.  Providing additional information for the Judge to consider in
    sentencing.

2.  Assisting in enforcement of probation conditions by identifying
    violations.

3.  Assessing individuals for appropriate treatment programs.

4.  Allowing release of defendants prior to trial on the condition they
    remain drug free.

**[OFFENDER SELECTION]{.underline}**

A. Drug testing should be initially done as a part of the substance
abuse assessment/presentence investigation. All offenders meeting the
following criteria will be tested:

1.  Convicted of drug related offense (for purposes of this section,
    drug related offenses also include OUIL).

2.  Criminal history includes drug use/possession charges.

3.  Admits to substance abuse.

4.  Participant in Drug/Sobriety Court.

5.  Other offenders that the investigator suspects of drug usage.

> A full drug screen will be conducted to determine the offender's
> drug(s) of choice.

B. Results from the initial drug screen will be used to determine
whether probation is appropriate and if so, what level of supervision
(intensive, high, medium, or low contact) if the test is ordered prior
to sentence.

> \*\* Any person who tested positive on the initial test should be
> retested for drug(s) of choice on an unscheduled basis. Frequency of
> screening should be based on criminal history, current offense, and
> assigned level of supervision. Additional positive screens will result
> in more frequent tests and imposition of appropriate sanction.
>
> \*\* Any offender who admits abuse of illegal drugs should continue to
> be tested.

C. Drug testing should be ordered as a condition of probation in
appropriate cases. Such a condition is appropriate if a positive drug
screen was obtained or if the person has a prior history of drug use or
arrests for illegal drugs.

D. Drug testing would be ordered as a condition of participation in
Drug/Sobriety Court and administered according to the schedule
established by the case manager.

E. Offenders who initially test negative on the drug screen (especially
if the initial screen was unexpected) should not be tested on a regular
basis unless special circumstances exist.

\*\* Suspicion the offender is under the influence.

\*\* Arrested for a new drug related offense.

\*\* Found in possession of drugs or paraphernalia.

\*\* Changes occur indicating possible drug involvement (employment,

> education, family problems, income not explained by legitimate job,
> etc.)

F. Drug testing may be discontinued at the discretion of the probation
officer. Consistent negative tests, including full drug screens and
compliance with court orders should be considered.

G. Special Needs Offenders (MI/DD) will be tested. All medications being
used must be reported to testing personnel to control for
cross-reactivity of prescription medication and illegal drug use.

**[SCHEDULING OFFENDERS FOR DRUG TESTING]{.underline}**

#### Frequency of Drug Testing

\*\* Drug/Sobriety Court Program participants will be tested according
to the following schedule:

1.  Phase I (3-6 months) -- Three scheduled/random urine screens per
    week. Other unscheduled screens may be ordered (THC should not be
    tested more often than bi-weekly because of the retention rate of
    the drug).

2.  Phase II (3-6 months) -- Two scheduled/random urine screens per
    week.

3.  Phase III -- (3-6 months) - One scheduled/unscheduled urine screen
    per week. Others as deemed necessary/ appropriate by probation
    officer.

4.  Phase IV (3-6) -- Random urine screen.

Full drug screens will be periodically used. All other tests will be for
drug of choice. Positive test results will increase test frequency of
require imposition of sanctions. Negative testing will be a factor in
lowering test and report requirements.

\*\* Regular probation clients will initially be tested on average of
two times in each six month period. Positive results would result in
more frequent testing and imposition of zero tolerance requirements.
Continuing negative test results (2 or more) accompanied by positive
behavioral changes could result in a decrease in test frequency at the
discretion of the probation officer.

\*\* Presentence clients will be tested if:

1.  The probation officer suspects drug use;

2.  The current offense is drug related or the offender has a history of
    drug use.

3.  The offender is referred for a substance abuse assessment.

Whenever possible, the drug testing will be done as unscheduled urine
samples. The random system of colors assigned to levels of the caseload
(one color might mean testing 2-3 days of the week, day assigned
randomly, another could mean less or more) is the primary method of
ordering urine testing used in this area. Clients may be required to
report for testing before they are told if they were randomly assigned.
Precautions will be taken to avoid patterns of collection. If scheduled
collection is used, collection of specimens should occur three times a
week to avoid scheduled drug use by offenders.

Unscheduled collection can occur by:

1\. Ordering the offender by phone to report for testing, or,

2\. Phone call in color assignment.

1\. Ordering the offender to report for testing by phone is less
preferable than other methods. It does reduce the possibility of
scheduled drug use. However, it is limited to offenders with phones
unless all offenders are required to give a phone number where they can
be reached with a couple of hours notice. Offenders should be ordered to
report within four hours to ensure than an unadulterated sample is
obtained. Because of this difficulty and the time intensity for the
probation officer it is preferable to put the responsibility on the
offender to call in.

Phone notification is done by the probation officer. Failure to report
for drug testing or refusal to produce a specimen will be considered for
the same penalties as a positive drug test.

2\. Phone call in/color assignment. Colors are assigned to days of the
week randomly taking into consideration the supervision level required.
Each offender is assigned a color based on supervision level. Each
morning all offenders are required to call in to see if their color is
called.

Offenders are required to call in before 7:00 am to see if their color
is called that day. Failure to call in or to report will result in a
\"dirty\" drop and the associated penalties. All offenders are given
color when placed on supervision and that color will change if their
supervision level also changes.

Current color assignments are:

1.  Men: red (three times a week), green (two times a week), and blue
    (once a week)

2.  Women: pink (three times a week), yellow (two times a week) and
    purple (once a week)

3.  Unisex: orange (twice a month)

4.  Staff will prepare a random calendar each month.

Personnel should periodically check with treatment agencies, the local
police department and the public health department to determine;

1.  If there is any deviation in community drug use patterns.

2.  If new drugs have been introduced to the community.

3.  If some drugs have gained more popularity in the community.

Drug screen (full and partial) should be adjusted based on this
information.

**[INSTRUCTIONS TO OFFENDERS]{.underline}**

1\. Offenders will receive written instructions for drug testing and be
advised of necessary policies and procedures when they are placed on
probation or when drug testing is imposed as a condition of probation.

2\. Offenders should be informed of the reason for their selection for
drug testing (i.e., history of drug use, positive drug test result at
presentence, arrest for drug related offense, suspicion of use, reliable
information, etc.).

3\. The instruction form should be reviewed with the offender.

4\. If there is a language, hearing, reading, or speech difficulty,
arrangements must be made to ensure that the offender understands the
instructions.

5\. The offender should sign a form indicating that they understand the
instructions and consequences of any positive drug test or failure to
cooperate.

6\. A copy of the form should be given to the offender and a copy
maintained in the offender case file.

**[REPORTING DRUG TEST RESULTS]{.underline}**

I. Laboratory Drug Test Report

A.  The drug results will show:

> 1\. The drugs tested.
>
> 2\. The results of the test (+ or -).

B.  Copies of the drug test results form will be forwarded to the Case
    Manager/Probation Officer within 24 hours of receipt. The copy
    forwarded to the Case Manager should be placed in the offender's
    case file. The database will be maintained by the Drug Case
    Coordinator.

II\. Confirmation Test Report

> A. All reports should be printed on laboratory stationary and signed.
> They should include:

1.  The instrumentation or test used, including the batch number.

2.  The date the test was done.

3.  What drugs were tested.

4.  The results (+ or -) of the test.

5.  Cutoff levels used.

> B. A signed copy of the Chain of Custody form should be returned to
> the Court.
>
> C. Hard copies should be returned within 48 hours to the Court. When
> requested, test results should be communicated by phone/FAX as soon as
> the test is completed.

D.  Copies of test results will be forwarded immediately to the Case
    Manager/Probation Officer for placement in the Offender's file. A
    copy should also be maintained by the Drug Case Coordinator.

III\. Disclosure of Drug Test Results

A.  Disclosure of drug testing results in limited to:

> 1\. The offender.
>
> 2\. A third party (i.e., attorney or treatment personnel) with the
> offender's prior written consent.
>
> 3\. The Court/Probation Officer requesting the test.
>
> 4\. Other parties as directed by Court order.

B.  Any release of drug test results (other than to the Case Manager,
    Probation Officer or offender) should be documented in the
    offender's file, including the date of released and the person to
    whom the information was released.

> C. The information that may be released includes:

a.  The date of the test.

b.  The drugs tested.

c.  The results (+ or -) of the tests.

> D. Written consent for release of drug test results is necessary and
> is valid for the term and/or purpose indicated on the consent form.
> All releases are subject to Federal/State confidentiality laws. No
> releases will be made by verbal request.
>
> E. Any employee who releases drug test results in violation of these
> guidelines will be subject to disciplinary action.
>
> **[RESPONSES TO DRUG TEST RESULTS]{.underline}**

A.  Offenders should be confronted with test results. This should occur:

1\. At the time the specimen is taken if the offender is still present
when test is completed.

2\. Within one week (or next report date whichever is earlier) if they
are not still present.

B.  Case Managers/Probation Officers should impose appropriate sanctions
    (or reduce current sanctions) based on test results (+ or -). Case
    Managers/Probation Officers may only impose sanctions as indicated
    by the probation order signed by the Judge or a participant
    agreement as signed by the defendant. A jail or residential sentence
    requires judicial involvement as does imposition of community
    service or work crew hours. This can include:

1\. Treatment (outpatient, inpatient, residential, self-help groups and
detoxification).

2\. Increase/decrease in reporting frequency.

3\. Increase/decrease in ordered drug test.

4\. Transfer to intensive probation supervision.

5\. Imposition of tether.

6\. Residential treatment.

7\. Intensive outpatient treatment.

8\. Jail.

9\. Other sanctions as imposed by the Judge.

C.  Any other sanctions require offender notification of the
    probation/bond violation and a hearing before the Judge. Failure to
    comply with sanctions ordered by the Probation Officer/Case Manager
    will also result in a hearing.

Sanctions that may be imposed by the Judge include:

1\. Community service or work crew.

> 2\. Electronic monitoring.
>
> 3\. Halfway house.
>
> 4\. Increase/decrease in ordered drug tests.
>
> 5\. Transfer to intensive probation supervision.
>
> 6\. Jail (up to maximum set by statute).
>
> D. Guidelines for Positive Drug Test Sanctions
>
> 1\. First Positive Test
>
> a\. Increased report dates/drug testing, or
>
> b\. Required counseling (NA, AA, CA, etc.).
>
> 2\. Second Positive Test
>
> a\. Increased report dates/drug testing, or
>
> b\. Required counseling, or
>
> c\. Tether, or
>
> d\. Residential treatment, or

e.  Jail (minimum 3 days), or

f.  Work crew (40 hours).

> 3\. Third Positive Test
>
> a\. Residential treatment, or
>
> b\. Tether or
>
> c\. Jail (minimum 10 days), or
>
> d\. Work crew (60 hours)

4\. Fourth Positive Test

a\. Residential treatment (minimum 30 days), or

b\. Jail (minimum 15 days), or

c\. Work crew (75 hours).

5\. Fifth Positive Test

a\. Jail (minimum 30 days).

b.  Residential treatment (45 days).

6\. Sixth Positive Test

a\. Jail (minimum 30 days).

7\. Seventh Positive Test

a\. Jail (minimum 30 days).

\* All recommended sanctions should be considered with other offender
variables such as employment, family, cooperation in treatment,
reliability in reporting, etc. Variables may increase or decrease the
available sanction.

> E. Guidelines For Negative Drug Test Rewards
>
> 1\. Negative Test Results For One Month

Verbal reward.

2\. Negative Test Results For Two Months

Decrease in drug testing and report requirements based on supervision
level.

3\. Negative Test Results For Three Months

Decrease in drug testing and report requirement based on supervision
level.

4\. Negative Test Results For Six Months

Change to regular report status -- discontinue electronic monitor.

5\. Negative Test Results For Nine Months

Reduction in unscheduled drug tests. Consideration for early discharge
if all other factors are positive.

6\. Negative Test Results For Twelve Months

Discharge from probation if all other factors are positive.

\*\* Prior to implementing #4, 5, or 6, a full drug screen should be run
to make sure that the offender has not just adjusted their drug of
choice.

**[TRAINING]{.underline}**

A.  Training will be provided to all case management and probation
    department employees and court staff who work with the drug testing
    program or who have responsibilities involving monitoring client
    chemical use. The training will cover the purpose, goals, policies,
    and procedures of the drug testing program. New employees will
    receive orientation to the program upon hire.

B.  The Drug Testing Policy and Procedure Handbook will be available for
    review by staff. Staff will be expected to be familiar with the
    procedures and policies outlined in the handbook.

C.  Personnel directly involved in collecting oral fluid specimens will
    also receive training in hygiene and safety precautions and on the
    provision of court testimony.

**[COURT TESTIMONY]{.underline}**

> The Court drug testing personnel and supplier representatives will be
> prepared to provide expert testimony to the Court regarding testing
> procedures and results.
>
> Court staff will testify to procedures used in collecting an oral
> fluid specimen.
>
> Varian/American Biomedic will provide testimony should the laboratory
> testing be questioned.
>
> **[TYPES AND USES OF DRUG SCREENS]{.underline}**
>
> [FULL DRUG SCREENS]{.underline}
>
> \*\* A drug screen can include testing for the following drug
> categories. Tests may be requested generally for 3 drugs with
> additional single drug tests added as requested.
>
> \*\* Methamphetamines
>
> \*\* Amphetamines
>
> \*\* Marijuana
>
> \*\* Oxycodone
>
> \*\* Opiates,
>
> \*\* Cocaine
>
> \*\* Alcohol (Infrared Breathalyzer/PBT)
>
> \*\* Barbiturates
>
> \*\* Methadone
>
> \*\* Benzodiazepine
>
> \*\* Phencyclidine (PCP)
>
> \*\* The use of a full drug screen should be limited to:

\*\* Initial testing to determine the offender's drug (s) of choice (at
the discretion of the substance abuse assessment agent screening for
fewer drugs may be done for OUIL offenders, but not less than drugs).

\*\* Periodic use to deter offenders from switching drugs to avoid
detection (should be done after 3-5 negative screens on drug of choice).

\*\* Creatinine, PH, specific gravity will also be tested to insure
there is not specimen dilution.

[PARTIAL DRUG SCREEN]{.underline}

\*\* A partial drug screen generally includes from 1-3 of the above
tested drugs.

\*\* A partial drug screen should test the offender's drug of choice as
indicated by earlier testing.

\*\* All persons testing positive on the initial screen should be tested
for drug of choice to monitor usage.

\*\* Testing for marijuana should be limited to the initial full drug
screen and 3-4 tests during term of probation since sanctions for
marijuana use will generally not be imposed.

**[METHODOLOGY SELECTION]{.underline}**

[INITIAL SCREENING METHOLOGY]{.underline}

A.  [American Biomedica/Varian Drug Tests]{.underline}

\*\* Staff collects the urine sample following acceptable protocol
(observed collection by same sex urinalysis technician, sealed
container, etc.)

\*\* Samples are labeled, sealed, and placed in the refrigerator.

\*\* Testing Coordinator performs test within 24-48 hours.

\*\* Testing Coordinator provides results to referring agent.

\*\* Both products use NIDA cut off levels.

> [CONFIRMATIONS]{.underline}
>
> When a drug test is initially challenged by the offender, the sample
> can be tested by GC/MS. We use Spectrum Health Toxicology Laboratory
> for urine samples. Confirmation testing is ordered by the Court only
> when a defendant challenges a positive test and the case results in a
> contested Court hearing. Confirmation can also be ordered by the
> defendant. Costs of a positive confirmation test would be assessed to
> the defendant. If the test is confirmed negative the court will
> reimburse the cost of the test to the defendant. Spectrum Hospital was
> selected because it uses GC/MS methodology.
>
> **[CUT-OFF LEVELS]{.underline}**
>
> The cut-off level is the value chosen for the determination of a
> positive or negative in a drug test. These may be changed when/if
> approved by NIDA.
>
> This court is following NIDA guidelines for cut-off levels to avoid
> false positive test results. We recognize that use of these levels may
> increase the number of false negative, but view that choice as more
> legally defensible than imposing consequences on false positive
> results.

A.  Initial Screening Cut-Off Levels:

1\. Marijuana . . . . . . . . . . . . . . . . . . . . . . . 50 ng/ml
(based on indications that NIDA standard will be reduced from 100 ng/ml)

> 2\. Cocaine . . . . . . . . . . . . . . . . . . . . . . . . . 300
> ng/ml
>
> 3\. Opiate . . . . . . . . . . . . . . . . . . . . . . . . . . 300
> ng/ml
>
> 4\. Barbiturate . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
>
> 5\. Amphetamine/Methamphetamine . . . . 1,000 ng/ml

B.  The GC/MS confirmation Cut-Off Level should be lower than the
    initial screening cut-off level. A

minimum, they are.

1\. Marijuana . . . . . . . . . . . . . . . . . . . . . . . 15 ng/ml

2\. Cocaine . . . . . . . . . . . . . . . . . . . . . . . . . 150 ng/ml

> 3\. Opiate . . . . . . . . . . . . . . . . . . . . . . . . . . 150
> ng/ml
>
> 4\. Barbiturate . . . . . . . . . . . . . . . . . . . . . . 250 ng/ml
>
> 5\. Amphetamine/Methamphetamine . . . . 150 ng/ml

**[CHAIN OF CUSTODY]{.underline}**

[PRIOR TO SPECIMEN COLLECTION:]{.underline}

1\. Individual probation officers, case managers, urinalysis technicians
or paraprofessional staff will be responsible for urine collection.

2\. Urine Specimens must be collected by a person of the same gender.
Different gender probation officers will request another person of the
same gender as the offender to observe the urine drop.

3\. If urine, the observer obtains rubber gloves, specimen container,
evidence tape, and label.

4\. Drug testing form and label should be completed prior to collecting
the specimen.

5\. The observer should be able to identify the offender by personal
verification or picture identification. Picture identification is
required after the first drop. Mugshot software can be used to verify
identity for someone who doesn't have identification.

6\. Once obtained, the specimen collection materials should remain with
the observer until collection is complete and the chain of custody is
complete.

[OBSERVED SPECIMEN COLLECTION:]{.underline}

1\. Only one urine specimen should be collected at a time.

2\. For urine collection, the observer should escort the offender to the
public restroom nearest their office or the area designated for urine
collection. If the offender regularly provides specimens, periodically
changing the location of the collection site may be advisable if it is
publicly accessible.

> a\. The bathroom stall should be checked for contraband. Whenever
> possible, access to the restroom should be restricted while collection
> is occurring. If the site cannot be secured, steps should be taken to
> ensure no offender contact can occur.

b\. Blueing agents may be used in the toilet bowl to deter dilution of
specimens.

> c\. The offender should remove all jackets or sweaters, turn pockets
> inside out, lift pant legs, check sleeves and arms, and leave purses
> or bags before entering the restroom stall.

d\. The offender must thoroughly wash and dry his/her hands prior to
entering the stall.

e\. The offender should visually inspect the container to confirm it is
free of adulterants.

> f\. The observer should directly observe the urine passing from the
> offender to the specimen container.

g\. The offender must provide a minimum of 30 milliliters of urine.

> h\. The offender should be instructed to secure the cap tightly and
> wash and dry the container and their hands.
>
> i\. The observer should never directly touch the specimen container.
> If it is necessary to do so, rubber gloves should be worn.

j\. The offender (who is carrying the specimen) should be escorted to
the laboratory area.

[UNOBSERVED URINE SPECIMEN COLLECTION:]{.underline}

1\. Only one specimen should be collected at a time.

2\. The probation officer/case manager should escort the offender to the
public restroom nearest their office. If the offender regularly provides
specimens, periodically changing the location of the collection site may
be advisable.

3\. The bathroom stall should be check for contraband. Whenever
possible, access to the restroom should be restricted while collection
is occurring. If the site cannot be secured, steps should be taken to
ensure no offender contact can occur.

4\. Blueing agents must in the toilet bowl to prevent specimen dilution.

5\. Temperature strip must be used on the specimen collection bottle and
observed after collection.

6\. The offender should remove all jackets or sweaters, turn pockets
inside out, lift pant lets, check sleeves and arms, and leave purses or
bags before entering the restroom sta..

7\. The offender must thoroughly wash and dry his/her hands prior to
entering the stall.

8\. The offender should visually inspect the container to confirm it is
free of adulterants.

9\. Unobserved collections should be performed only when no appropriate
gender probation officer/case manager is available. Rules regarding
clothing and body check should be rigidly enforced.

10\. The offender must provide a minimum of 30 milliliters of urine.

11\. The offender should be instructed to secure the cap tightly and
wash and dry the container and their hands.

12\. The probation officer/case manager should never directly touch the
specimen container. If it is necessary to do so, rubber gloves should be
worn.

13\. The offender (who is carrying the specimen) should be escorted to
the laboratory area.

[URINE COLLECTION FOLLOW-UP]{.underline}

1\. The probation officer/case manager should record the offender's
name, date of collection, and their initials on the identification label
and give it to the offender to place on the bottle.

2\. The offender should initial and date the evidence tape and place it
over the lid of the container to seal the specimen.

3\. The offender should sign the drug testing/chain of custody form
indicating use of prescription/non-prescription drugs, identifying the
sample as theirs and that it has not been adulterated.

4\. If the offender refuses or is unable to provide a sample within two
hours, they should sign in the appropriate place on the drug
testing/chain of custody form.

5\. The offender may leave.

6\. The probation officer/case manager should complete the drug
testing/chain of custody form indicating their name and time/date the
specimen was placed in the refrigerator by laboratory staff.

7\. The specimen is placed in a locked refrigerator until testing is
performed.

8\. A copy of the drug testing/chain of custody form should be retained
by laboratory staff as part of the laboratory control log.

9\. Anytime possession of the specimen is changed or the specimen is
removed from the refrigerator, the chain of custody form must be signed
and dated.

[AFTER TESTING:]{.underline}

1.  The urine specimen from a positive test will be maintained for
    twenty days. Any probation violation hearing requested as a result
    of a drug test will be given priority. If the hearing is contested,
    the urine specimen will be sent for confirmation testing and
    maintained in a frozen state until the conclusion of any appeal
    period after the date of the final probation hearing. The person
    destroying the sample will date/sign the Chain of Custody Form.

**[CONFIRMATION POLICY]{.underline}**

A. OFFENDER CONFIRMATION

1.  A positive test can be confirmed by offender admission. Such
    admissions should be in writing on the drug test form and signed in
    the presence of a witness. This admission may be used in Court as
    conclusive evidence if the offender later contests the test results.

2.  Verbal admissions by the offender should not be relied upon. All
    admissions should be in writing.

B. SCIENTIFIC CONFIRMATION

1.  When an offender denies a positive test, the test should be
    confirmed. The cost of all positive confirmation tests are the
    responsibility of the offender. If the test results differ, the test
    must either be declared negative with no sanction imposed or
    confirmation by GC/MS must be ordered.

2.  If an offender continues to deny a positive test, he/she may have
    the test confirmed, at their expense, by GC/MS on the same sample
    done by CTS. The Court will contact the laboratory to arrange
    testing. Failure to following through on independent confirmation
    within ten days will be viewed as an admission of a positive result
    and imposition of appropriate sanctions.

3.  Any court approved laboratory must be state or NIDA certified, use
    GC/MS technology, and use NIDA cut-of levels.

4.  If the test results are used for probation violation or
    incarceration and are contested at the time of the hearing, the
    Court will order independent confirmation testing at an approved
    laboratory (i.e., Spectrum Hospital). At the time of the initial
    positive test, urine specimen will be frozen until the conclusion of
    any Court hearings. The Court will contact the laboratory and
    transport the specimen.

5.  If the test is being used for confrontation purposes only, with no
    sanctions imposed, confirmation testing will not be ordered because
    of the expense involved. Offender medication lists should be
    reviewed prior to confrontation to eliminate possible
    cross-reactivity.

6.  Confirmation testing should use the same cut-off levels as the
    on-site testing instrument used.

7.  Additional confirmation tests may be done by the test supplier if
    there seems to be cross reactivity of consistent test failure under
    certain conditions.

C. PAYMENT OF CONFIRMATIONS

1.  All positive confirmation tests will be at the expense of the
    offender. We require the cost to be prepaid.

2.  All confirmation testing initiated by the offender at an independent
    laboratory will be at the expense of the offender regardless of test
    outcomes.

3.  If the confirmation test is initiated by the Court , or by the
    offender with negative results, the Court will be responsible for
    reimbursement of the test cost to the defendant.

4.  Any claims of indigency will be reviewed on a case by case basis
    with the final decision by the assigned Judge. Offenders found to be
    indigent will have costs incurred in #1 paid by the Court.

D. CHAIN OF CUSTODY

1.  All samples sent out for confirmation testing will have a chain of
    custody form

> accompanying the sample. All custody procedures will be followed,
> including sign off by laboratory and transport personnel.

2.  The Court will be responsible for transport and custody of the urine
    sample if it is sent to an independent laboratory at the request of
    the offender.

E. CONFIRMATION FAILURE

Any specimen that is not confirmed positive by GC/MS testing will be
declared negative and no penalties will result.

**[QUALITY ASSURANCE PROCEDURES]{.underline}**

The necessary records will be maintained to ensure reliable testing
results.

1.  [Testing Supply Log]{.underline}. This log will be maintained by the
    Drug Case Coordinator. All

> supplies must be stored according to the manufacturer's instructions.
> No supplies should be used past the expiration date. It will contain
> the following:

A.  Date supplies received.

B.  Quantity, type of supplies received.

C.  Person who stored the supplies.

D.  Expiration dates.

E.  Date supplies are used.

> 2\. [Maintenance Log.]{.underline} This log will be maintained by the
> Drug Case Coordinator on the forms
>
> provided for the instrument by the laboratory supplier.

3.  [Quality Control Log.]{.underline} For instrumentation tests only.
    This log will be maintained by the Drug Case Coordinator. All
    printout slips for calibration runs will be filed chronologically.
    The slips should be initialed by the person completing the
    procedure. Any problems should be noted and unless resolved prior to
    any specimens being tested must be reported to the Project Director.
    Problems should be discussed with manufacturer service personnel.
    Controls should be used according to manufacturer.

4.  [Daily Testing Log]{.underline}. This log will be maintained by the
    Drug Case Coordinator. All printout slips from testing runs will be
    maintained chronologically in a notebook. The test will be reviewed
    monthly by the Project Director. All printout slips should be
    initialed by the person completing the test run. This is required
    only if an instrument is used.

5.  [Test Order Log.]{.underline} This log will be maintained by the
    Drug Case Coordinator. Copies of all test order forms will be
    maintained. The form will include:

A. Date specimen taken.

B. Person ordering the test.

C. Date specimen tested.

D. Person testing the specimen.

A.  Results of the test .

Logs will be kept in the laboratory area and Drug Case Coordinator's
Office. The logs should be kept secure at all times, accessible only by
program personnel.

**[SAFETY PRECAUTIONS]{.underline}**

Program safety measures will be followed at all times during the
collection and testing of all urine samples.

\*\* Specimen collection personnel should not directly touch the
specimen container during the collection process. If it becomes
necessary to touch the container (for transport or temperature check,
rubber gloves will be used). Personnel must observe and instruct
offender at all phases of collection.

\*\* There will be no smoking, eating, or drinking in the laboratory
area or during the collection process.

\*\* Only urine specimens may be stored in the laboratory refrigerator/
freezer.

\*\* In an emergency (fire, etc.) all samples are to be replaced in the
locked refrigerator prior to leaving the area unless immediate danger is
present.

\*\* Office safety instructions will be followed.

\*\* When specimens are being processed, no visitors are permitted in
the area.

\*\* Although Office of Health Guidelines do not mandate universal
precautions for "feces, nasal secretion, sputum, sweat, tears,
[urine]{.underline}, and vomitus unless they contain visible blood",
modified universal precautions will be followed.

\*\* Rubber gloves and laboratory coat must be used during the handling
of all urine specimens.

\*\* Disposal of urine will be done by dumping the urine into the toilet
and then disposing of the specimen container.

**[LABORATORY SECURITY]{.underline}**

Laboratory security includes locked testing room and refrigerator as
well as secure areas for specimen collection.

\*\* The Testing Lab is accessible only by laboratory staff.

\*\* The refrigerator used to store urine specimens will be kept locked
at all times. Only testing personnel and their supervisor have a key to
the refrigerator or freezer.

\*\* Testing personnel may not leave the area or have visitors when
tests are being performed.

\*\* The laboratory site is located away from the offender traffic
areas.

\*\* Testing records should be secured when not in use.

**[APPROVED LABORATORIES]{.underline}**

1.  Spectrum Health Medical Center -- Blodgett Campus 774-7700

> Toxicology Laboratory
>
> 1940 Wealthy Street S.E., Grand Rapids

**[DRUG TESTING INSTRUCTIONS]{.underline}**

You have been ordered by the Court to undergo drug testing as a
condition of probation. The following instructions have been prepared to
notify you of our drug testing policies and procedures. Failure to
comply with these instruction s may be considered a violation of
probation ad could lead to revocation of your probation.

1\. You are required to notify the probation department of any
prescription and non-prescription medication being used and the
date/time it is used; to provide verification of any prescribed
medication; and to provide the name of our physician who may be
contacted for verification of information.

2\. Drug testing will be conducted at the drug testing office of 61^st^
District Court located at Suite 150, 82 Ionia NW.

3\. You will initially be tested \_\_\_\_\_\_\_\_\_\_\_\_\_ times per
\_\_\_\_\_\_\_\_\_\_\_\_. Any increase or decrease in the frequency of
drug testing will be determined by your probation officer. It will
depend on the results of your drug tests and overall compliance with the
conditions of probation.

4\. Drug testing will be scheduled by your probation officer and can be
arranged at their discretion. You may be assigned to a color group for
random testing. You will have to call the laboratory every morning to
check the message on whether your \"color\" is required to drop that
date.

5\. The probation officer can notify you by phone or in person to report
for drug testing. Once notified, you will have 4 hours to report.
Failure to report is equivalent to a positive drug test and is a
violation of probation.

6\. Once you report, you must remain at the office until you provide a
specimen.

7\. Your drug testing results will not be released to anyone, other than
the Court, without your prior written permission.

8\. A positive drug test result, refusal to provide a specimen, or
attempted adulteration of the specimen is a violation of probation, may
be reported to the Court, may result in sanctions being imposed, or may
result in revocation of your probation.

I, the undersigned, have read the above instructions and reviewed them
with my probation officer. I understand that failure to comply with
these instructions is a violation of probation and may result in the
revocation of my probation.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Offender Date Signed

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Probation Officer Date Signed

**[ORDER FOR DRUG TEST (S)]{.underline}**

[CLIENT IDENTIFICATION INFORMATION:]{.underline}

Probationer's Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Criminal Case #: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Probation Case #:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Age: \_\_\_\_\_\_\_\_\_\_\_ Sex: \_\_\_\_\_\_\_\_\_\_\_\_\_ Urine Sample
Taken On: (date) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (time)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

By:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Charge (s):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[STATEMENT:]{.underline}

I am neither under the influence of drugs or medication, nor have I
taken any drugs or medication in the past three (3) weeks, other than
those listed below. I certify that the urine sample is my own, has not
been tampered with by myself or anyone else, and I have sealed the
container.

The results of this test will be used for presentence/probation
assessment and supervision and will not be used as a basis for new
criminal charges.

I understand that I may obtain the results of this test within two
working days by calling 456-3376. If I disagree with the test results
and want the sample retested by an alternative test method, I must
inform the presentence department within ten days. I understand that I
am responsible for payment of the cost of all testing.

Medication within the past three (3) weeks (including over the counter
medicine):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Physician's Name):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Time:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Container Sealed
By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Collection Observer:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Probationer's Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ADMISSION:

I acknowledge that I have used the following illegal drugs within the
past three (3) weeks:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Probationer's Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[REGUSAL TO SUBMIT TO DRUG SCREEN/]{.underline}or Inability To Provide
Specimen Within 2 Hours

Probationer's Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[TYPE OF DRUG SCREEN REQUESTED:]{.underline} \_\_\_\_\_\_ Full Drug
Screen (Tests for 5 drugs -- Amphetamines; Opiate: Barbiturates: THC;
Cocaine)

\_\_\_\_\_ Partial Drug Screen: \_\_\_\_\_ Amphetamines \_\_\_\_\_
Opiate \_\_\_\_\_ Barbiturates \_\_\_\_\_ THC \_\_\_\_\_ Cocaine

[TEST SITE USE ONLY:]{.underline} Test Methodology: \_\_\_\_\_ ADx/Emit
\_\_\_\_\_ On-Trak

> Test Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Test Performed:]{.underline} Pos Neg - BARBITURATE Pos Neg THC Pos Neg
COCAINE

Pos Neg - AMPHETAMINE Pos Neg OPIATE

Pos Neg - OTHER, SPECIFY:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Operator: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Charges of \$5.00 per test should be assessed to the defendant.

Positive urine samples are held for twenty (20) days . . . . . . . . .
Date Destroyed: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Initials: \_\_\_\_\_\_\_\_\_\_\_\_\_

**[SUBSTANCE/MEDICATION SCREEN RECORD]{.underline}**

(Complete For All Confirmation Tests)

Probationer Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Social Security Number:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Height: \_\_\_\_\_\_\_\_\_\_ Weight: \_\_\_\_\_\_\_\_\_\_ Sex:
\_\_\_\_\_\_\_\_\_\_ DOC Number:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Is the client taking any of the following medications or prescriptions?
If yes, please list time and amount of last dosage.

Time/Amount

\_\_\_\_\_ Allergy Medication
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Primatene, etc.)

\_\_\_\_\_ Antibiotics
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Over the Counter Stimulants
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Blood Pressure Medicine
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Cortisone/Steroids
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Arthritis Medication
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Advil, Nalfon, etc.)

\_\_\_\_\_ Water Pills
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Diuretics)

\_\_\_\_\_ Heart Medicine
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Sleeping Pills/Sedatives
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Food Containing Poppy Seeds
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(w/I 24 hours)

\_\_\_\_\_ Tranquilizers/Antidepressants
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Appetite Depressants
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Decongestants/Nasal Spray
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_ Cold Medication
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Any other drugs or medication? If yes, please list:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Client:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Witness:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Physician (s):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

04/01/2006

JKW/aly