BOP Program Statement 5514.01 § 5

§ 550.31 Procedures.

(a) Staff of the same sex as the inmate tested shall directly supervise the giving of the urine

sample. If an inmate is unwilling to provide a urine sample within two hours of a request for it,

staff ordinarily shall file an incident report. No waiting period or extra time need be allowed

for an inmate who directly and specifically refuses to provide a urine sample. To eliminate the

possibility of diluted or adulterated samples, staff shall keep the inmate under direct visual

supervision during this two-hour period, or until a complete sample is furnished. To assist the

inmate in giving the sample, staff shall offer the inmate eight ounces of water at the beginning

of the two-hour time period. An inmate is presumed to be unwilling if the inmate fails to

provide a urine sample within the allotted time period. An inmate may rebut this presumption

during the disciplinary process.

(b) Institution staff shall determine whether a justifiable reason exists, (e.g., use of prescribed

medication) for any positive urine test result. If the inmate's urine test shows a positive test

result for the presence of drugs which cannot be justified, staff shall file an incident report.

An inmate testing positive for prohibited drugs is subject to disciplinary action under 28 CFR

part 541 and the Program Statement Inmate Discipline Program. All test results for drug testing

will be entered into the approved Bureau intelligence computer database.

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Ordinarily, an inmate is expected to provide a urine sample within two hours of the request, but

the Captain (or Lieutenant) may extend the time if warranted (e.g., the inmate has a documented

medical or psychological issue or is participating in an approved religious fast).

Upon request to provide a urine sample for drug testing, the inmate will be offered eight ounces

of fluids and thereafter, every 30 minutes until the inmate provides a sufficient amount of a urine

sample. If the testing time is approved for an extension, the total fluids ingested must not exceed

40 ounces. All drug tests must be conducted under direct staff supervision.

a. Refusal to Test. An inmate refusing a drug test is subject to disciplinary action. Staff must

document the circumstances of the inmate’s refusal to test. Refusal to test can be demonstrated

verbally or by actions. An inmate can demonstrate refusal to test by:

■ stating they will not take the test,

■ failing to appear for a drug or alcohol test,

■ failing to remain at the collections site until the collection process is complete,

■ being presumed to be unwilling if they fail to provide a urine sample within the allotted time,

■ failing to permit the observation or monitoring of a provision of specimen,

■ failing to provide a sufficient amount of a specimen when directed,

■ failing to cooperate with any part of the testing process,

■ failing to follow the observer’s instructions,

■ bringing materials to the collection site for the purpose of adulterating, substituting, or

diluting the specimen,

■ attempting to adulterate, substitute, or dilute the specimen,

■ possessing or wearing a prosthetic or other device that could be used to interfere with the

collection process, and/or

■ admitting they adulterated or substituted the specimen.

Drug test sample amounts will be determined by manufacturers. A urine sample is considered to

be the specimen cup filled to the mark indicated. Staff should refer to the urine collection

procedures provided by the contracted laboratory. Retesting at the inmate’s request is not

permitted.

Drug tests which require confirmation must be sent to the laboratory established by national

contract. The types of drugs screened and tested for, confirmation levels, and laboratory

reporting will be established by the national contract.

An incident report for positive drug tests is forwarded in accordance with the Program Statement

Inmate Discipline Program and uploaded, along with the laboratory conformation of the

positive tests, into the Bureau’s approved intelligence computer database. Incident reports

require laboratory confirmation and documentation from a Bureau pharmacist that the positive

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test is not a result of legally prescribed medication before they are written. There is no

requirement to maintain laboratory forms for negative tests.