(a) Purpose: The Parole Division shall develop a policy regarding the drug and alcohol testing of releasees who are required by the Texas Board of Pardons and Paroles to submit to drug and alcohol testing as a condition of supervision.

(b) Criteria for Testing: Releasees shall be tested for the major drugs of abuse and alcohol in any combination deemed appropriate by the Parole Division. A periodic evaluation shall determine the need to change testing patterns and the drugs identified for testing. All testing shall be completed in accordance with the manufacturer's test instructions.

(c) Training: The Parole Division staff shall be trained to accurately collect specimens and interpret the test results.

(d) Safety: The Parole Division shall develop adequate infection control and safety precautions in the administration of the drug and alcohol testing program.

(e) Chain of Custody: The Parole Division shall document the chain of custody when submitting specimens for confirmation testing. In addition:

(1) The specimen collection shall be observed by the parole officer and analyzed in the presence of the releasee being supervised. The specimen shall be accurately labeled.

(2) Samples shall not be tampered with prior to analysis or confirmation testing.

(3) Samples not sent for confirmation testing shall be properly discarded by the offender submitting the specimen.

(4) When the transfer of a specimen is required, the specimen shall remain secured and refrigerated or stored in accordance with the manufacturer's instructions if the analysis is delayed.

(5) The analysis procedure shall use quality control measures that withstand expert scrutiny. Suppliers of equipment or testing supplies must be able to provide oversight personnel with technical data on the functions and limitations of their products.

(f) Admission of Use Form

(1) Releasees subject to drug and alcohol testing shall be given an opportunity to admit to the use of drugs or alcohol and may waive the testing requirement. Releasees shall be informed verbally and in writing that admission of drug or alcohol use or the detection of use of those substances through testing may result in additional sanctions, including revocation. Based on resource availability and releasee compliance, parole officers shall attempt to secure treatment and counseling services for releasees who have used drugs or alcohol. A releasee, who admits to the use of drugs or alcohol, shall acknowledge this fact by signing an Admission of Use form.

(2) The Admission of Use form shall contain a provision that the releasee authorized the release of the results of testing or the admission of use to appropriate treatment providers for the sole purpose of providing adequate treatment and counseling services. Testing and admission of use information shall be treated as confidential information except in circumstances described previously and permitted by the releasee by signed authorization on the Admission of Use form.

(g) Data Collection: The Parole Division shall collect data for statistical analysis and evaluation of the drug and alcohol testing program.

Source Note: The provisions of this §195.71 adopted to be effective June 10, 1991, 16 TexReg 2956; amended to be effective June 9, 1998, 23 TexReg 5991; amended to be effective May 2, 2011, 36 TexReg 2734; amended to be effective March 13, 2016, 41 TexReg 1713