§353G-3 - Mandatory drug testing of repeat offenders.
[§353G-3] Mandatory drug testing of repeat
offenders. (a) Any inmate who has been convicted of an offense
under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior
conviction under any of these chapters, shall be required to submit to drug
testing.
(b) Drug tests shall be administered by the
department of public safety, in accordance with drug testing standards or rules
adopted by the department of health that ensure fair, accurate, and reliable
testing and confirmatory procedures and protect the chain of custody as
required by section 329B-2.5(4). The sample or specimen used in the
drug test shall be provided by or taken from the inmate in a medically safe and
appropriate manner.
(c) The test shall be performed as soon as
practicable after conviction and prior to the release of the inmate. If an
inmate has not undergone a drug test prior to the time of release, submission
to a drug test shall be a condition of the inmate's release pursuant to section
353G-7. [L 1998, c 152, pt of §2]