[§353G-4]  Mandatory assessment of
offenders.  (a)  Any inmate who has been convicted of more than one 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 undergo an
assessment if:



(1)  The inmate refuses to undergo a drug test
required under section 353G-3;



(2)  The results of the drug test conducted pursuant
to section 353G-3 reveal the presence of a controlled substance, for
which the inmate has no lawful prescription, or reveals alcohol abuse or
dependency;



(3)  The inmate requests an assessment;



(4)  The inmate admits to the unlawful use of a
controlled substance within the year preceding the conviction for the present
charge or admits to alcohol abuse or alcoholism;



(5)  The inmate has been granted a conditional
discharge within the past five years pursuant to section 712-1255 or any
similar or predecessor law of this State, any other state, or federal law;



(6)  The inmate has been sentenced within the past five
years to probation or treatment during incarceration pursuant to this chapter
or any similar or predecessor law of this State, any other state, or federal
law; or



(7)  The present or pending charge involved the use or
possession of a controlled substance or alcohol.



(b)  Notwithstanding the requirements of
subsection (a), the department of public safety or the agency responsible for
monitoring a person's compliance with the terms and conditions of parole or
other release from a correctional center or facility may order the person to
undergo an assessment if the department or agency has reason to believe that
the person is drug or alcohol dependent or would otherwise benefit from an
assessment.



(c)  An inmate confined in a state correctional
center or facility shall undergo an unannounced prerelease assessment before
receiving a grant of parole or other release from the correctional center or
facility if:



(1)  The inmate at any time was ordered to undergo an
assessment pursuant to this chapter;



(2)  The inmate would have been statutorily required
to undergo an assessment pursuant to this chapter had this chapter been in
effect at the time the inmate was convicted for the offense for which the
inmate presently is serving a term of incarceration;



(3)  The inmate at any time during the inmate's
incarceration committed an institutional infraction or violation that involved
the use or possession of a controlled substance or alcohol; or



(4)  The department of public safety or the agency
responsible for monitoring the inmate's compliance with the terms and
conditions of parole or other release from a correctional center or facility
has reason to believe that the inmate is drug or alcohol dependent or would
otherwise benefit from substance abuse or addiction treatment or related
support services.



(d)  An assessment required pursuant to
subsection (c) shall occur within sixty days of the inmate's scheduled parole
or other release from a correctional center or facility.



(e)  Any assessment under this chapter shall be
conducted by a substance abuse professional certified pursuant to section 321-193
or an assessment program in accordance with the standards, procedures, and
alcohol and other drug diagnostic criteria designated or established by the
department of health to determine whether and to what extent a person is drug
or alcohol dependent and to provide the most cost-beneficial use of available
resources. [L 1998, c 152, pt of §2]