[§353G-4]  Mandatory assessment ofoffenders.  (a)  Any inmate who has been convicted of more than one offenseunder chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one priorconviction under any of these chapters, shall be required to undergo anassessment if:

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

(2)  The results of the drug test conducted pursuantto section 353G-3 reveal the presence of a controlled substance, forwhich the inmate has no lawful prescription, or reveals alcohol abuse ordependency;

(3)  The inmate requests an assessment;

(4)  The inmate admits to the unlawful use of acontrolled substance within the year preceding the conviction for the presentcharge or admits to alcohol abuse or alcoholism;

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

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

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

(b)  Notwithstanding the requirements ofsubsection (a), the department of public safety or the agency responsible formonitoring a person's compliance with the terms and conditions of parole orother release from a correctional center or facility may order the person toundergo an assessment if the department or agency has reason to believe thatthe person is drug or alcohol dependent or would otherwise benefit from anassessment.

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

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

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

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

(4)  The department of public safety or the agencyresponsible for monitoring the inmate's compliance with the terms andconditions of parole or other release from a correctional center or facilityhas reason to believe that the inmate is drug or alcohol dependent or wouldotherwise benefit from substance abuse or addiction treatment or relatedsupport services.

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

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