HRS §353-13.4
Substance abuse testing of inmates
This section covers how the state must handle drug tests for inmates. It gives inmates the right to a second test, sets rules for labeling and tracking samples, and says positive results must be in writing. It also says a positive result is invalid if these rules are not followed.
everyone
The statute, as written — Substance abuse testing of inmates
(a) When an inmate under the custody of the department of corrections and rehabilitation is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as provided in chapter 329B. The cost of a confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the inmate shall be charged with the cost of the confirmatory test. (b) All specimens shall be sealed and coded in the presence of the inmate and the inmate shall sign an approved form acknowledging that the specimen has been sealed and coded in the inmate's presence. The director of the department of corrections and rehabilitation shall establish a chain-of-custody procedure that includes a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen. (c) Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the inmate in writing. (d) A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded.
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