Commissioner's Directive

Policy Objectives

1. To establish the procedures for the collection, storage, shipment, and testing of urine samples.

2. To identify and deter the use of illicit substances within institutions and among the offender population to contribute to the protection of society.

Authorities

3. Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 54, 55, 56 and 57

Corrections and Conditional Release Regulations (CCRR), sections 60-72

Application

4. This Commissioner's Directive applies to staff involved in the Urinalysis Program.

Responsibilities

5. The Director General, Security, will ensure:

1. a National Urinalysis Program Manager is identified;
2. training needs for Urinalysis Program Coordinators and Collectors are identified and supported;
3. a framework for the institutional random selection program is developed and maintained; and
4. the list of randomly selected inmates is provided to the institutions.

6. The National Urinalysis Program Manager will:

1. ensure laboratories are accredited;
2. ensure authorized toxicologists are contracted to provide expert advice; and
3. generate a random list of names of inmates, monthly, for each institution based on a minimum of 5% of the total incarcerated population.

7. The Assistant Deputy Commissioner, Institutional Operations, will identify a Regional Urinalysis Coordinator.

8. The Regional Urinalysis Coordinator will:

1. ensure urinalysis coordinators at sites are trained; and
2. provide oversight to the operational units for urinalysis collection.

9. The Institutional Head/District Director will:

1. implement and maintain a Urinalysis Program;
2. designate a Urinalysis Program Coordinator at or above the level of Correctional Manager or Parole Officer Supervisor;
3. authorize collection as per paragraph 54(a) of the CCRA when a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence under paragraph 40(k) of the CCRA and that a urine sample is necessary to provide evidence of the offence;
4. ensure an appropriate number of Collectors are available; and
5. ensure Urinalysis Program Coordinators and Collectors are trained prior to authorizing collection.

10. The Urinalysis Program Coordinator at each site will:

1. review and authorize urinalysis testing:
   1. where it is a requirement for participation in a prescribed program or activity involving contact with the community or a prescribed substance abuse program as per paragraph 54(c) of the CCRA,
   2. when he/she has reasonable grounds to suspect that an offender has breached an abstinence condition of his/her conditional release or long-term supervision order, and the authorized person has made a demand that the offender submit to urinalysis as per paragraph 55(a) of the CCRA, or
   3. at regular intervals for monitoring compliance with any abstinence condition of a conditional release or long-term supervision order as per paragraph 55(b) of the CCRA;
2. when urine samples are collected at regular intervals, develop and maintain a monitoring process to ensure that collections are not predictable;
3. provide training to staff as required;
4. ensure each operational unit has a process in place to:
   1. share results with the Parole Officer and others as appropriate,
   2. enter results in the Offender Management System (OMS) as follows:
      • positive results, refusals to provide and tampered samples within three working days, and
      • negative results or other technical reasons the sample could not be used, within 15 days; and
5. authorize demands for urinalysis as required.

Procedures

11. Demands for urinalysis will be authorized by a trained Correctional Manager/Parole Officer Supervisor, except a demand under paragraph 54(a) of the CCRA which requires authorization by the Institutional Head.

12. When the demand for urinalysis is related to monitoring abstinence conditions, the Correctional Manager/Parole Officer Supervisor will ensure the demand targets only those substances identified in the condition(s).

Institution

Reasonable Grounds to Believe (Paragraph 54(a) of the CCRA)

13. A staff member may demand an inmate submit to urinalysis when he/she believes on reasonable grounds that the inmate has committed or is committing a disciplinary offence under paragraph 40(k) of the CCRA and that a urine sample is necessary to provide evidence of the offence.

14. In the case of a demand based on reasonable grounds, the inmate will be provided up to two hours to submit any objection concerning the sample requirement, from the time of completion of Notification to Provide a Urine Sample – Institution (CSC/SCC 1064).

Random Selection (Paragraph 54(b) of the CCRA)

15. The National Urinalysis Program Manager will forward the random selection list to each Institutional Urinalysis Program Coordinator.

16. The Institutional Urinalysis Program Coordinator will follow the rank order of the list.

17. If an inmate is incapacitated (due to illness or injury) or is not in the institution to provide a sample when his/her name is reached, that inmate's name will be placed at the bottom of the list.

18. The random selection list is valid only for the month and the institution in which it is issued.

Required for Program or Activity Involving Community Contact (Paragraph 54(c) of the CCRA)

19. A staff member may demand an inmate submit to urinalysis where it is a prescribed requirement, as per section 64 of the CCRR, for participation in a program or activity involving contact with the community or a prescribed substance abuse program.

Community

Reasonable Grounds to Suspect (Paragraph 55(a) of the CCRA)

20. When an authorized person has reasonable grounds to suspect that an offender has breached an abstinence condition for the use of alcohol or drugs of his/her conditional release or long-term supervision order, the authorized person may demand that the offender submit to urinalysis.

21. An offender required to submit to urinalysis under paragraph 55(a) of the CCRA does not have the right to make representations in respect to the demand.

Regular Intervals (Paragraph 55(b) of the CCRA)

22. The Parole Officer, in consultation with the Parole Officer Supervisor/Urinalysis Program Coordinator, will consider establishing regular interval testing for offenders with a Parole Board of Canada condition to abstain from alcohol and/or illicit substances, based on the following factors as per subsection 65(2) of the CCRR:

1. the offender's record of substance abuse (as defined in section 60 of the CCRR as an inmate's record of conviction of the disciplinary offence of taking an intoxicant referred to in CCRA paragraph 40(k);
2. offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty;
3. the ability of the offender to rehabilitate and reintegrate into the community, taking into account the offender's behavioural and emotional stability; and
4. the program and treatment needs of the offender.

23. The Parole Officer will advise the offender of the interval established and the right to make representation in relation to the frequency of testing using the Notification to Provide a Urine Sample – Community (CSC/SCC 1064-01).

24. If an offender makes a representation respecting frequency of testing, the Urinalysis Program Coordinator will provide a written response containing the reasons for confirming or varying the frequency, within three working days. If the offender is supervised by a Parole Officer Supervisor, the Area Director will provide the response.

25. The frequency of urinalysis testing will be reviewed every 90 days to confirm that the testing intervals are consistent with the offender's level of assessed risk and progress against the Correctional Plan.

26. This review will include an assessment of the offender's progress and address:

1. if the current frequency is still required based on the offender's progress; and
2. whether other supervision tools could be used instead of urinalysis (e.g. reliable collaterals).

27. When frequency of interval testing is reviewed, a new Notification to Provide a Urine Sample – Community (CSC/SCC 1064-01) will be completed.

Provincial Offenders

28. Provincial offenders held in a penitentiary can be required to submit to urinalysis under section 54 of the CCRA.

29. Provincial offenders on parole can only be required to submit to urinalysis under section 55 of the CCRA if they had been sentenced, committed or transferred to a penitentiary. Any other provincial offenders on parole can only be required to submit to urinalysis if a special condition requiring them to submit to urinalysis has been imposed by the Parole Board of Canada.

Collection of Samples – Institution and Community

30. When a demand for urinalysis is made under section 54 or 55 of the CCRA, the offender will be informed of the consequences of non-compliance.

31. The Collector will be of the same sex as the offender.

32. The date and time of demands for samples will be irregular. Offenders will not be informed of the date and time when they will be required to provide a urine sample. If notice for offenders in the community is necessary, it will not exceed 24 hours.

33. Each demand for urinalysis, except those taken at regular intervals, will require a Notification to Provide a Urine Sample – Institution (CSC/SCC 1064) or Notification to Provide a Urine Sample – Community (CSC/SCC 1064-01). The form will include the reason for the test and the time and date of notification.

34. When urinalysis is done at a regular frequency, the Notification to Provide a Urine Sample – Community (CSC/SCC 1064-01) will be completed when establishing, confirming and/or modifying the frequency interval.

35. The Collector will verify the identity of the offender prior to demanding each sample.

36. The Collector will present the Urinalysis Testing Chain of Custody form (CSC/SCC 1065) to the offender and obtain the offender's signature prior to each sample being taken.

37. Offenders will be provided a maximum of two hours to provide a sample. The time will commence from the point of notification or from the scheduled time of the test in cases where prior notification has been provided.

38. During the same two hours, the offender may drink fluids. The amount of water allowed is 250 ml per hour or a maximum of 300 ml over two hours.

39. The collection area will be searched by the Collector prior to the offender's arrival.

40. Access to the collection area will be controlled while the urine collection is in progress.

41. The Collector will escort the offender to the collection area and will conduct a routine non-intrusive search or a routine frisk search of the offender.

42. The Collector will require that the offender remove any bulky clothing, such as a coat or loose fitting outer garments, in order to reduce the possibility of an attempt to alter or falsify the urine sample.

43. Urine samples will be provided under direct observation of the Collector. Mirrors may be used to facilitate the continuous observation process.

44. At an institution, if an inmate is unable to provide a urine sample under direct observation, the process outlined in Annex D will be followed.

45. Collection and storage of samples will be conducted according to laboratory procedures.

46. The number of persons involved in handling samples will be kept at a minimum. Normally only the Collector and the offender will have contact with the sample container prior to it being secured.

47. The appropriate portion of the completed copy of the form Urinalysis testing Chain of Custody (CSC/SCC 1065) will be enclosed in a sealed, waterproof bag and inserted into the shipping container.

48. Each sample bottle will be sealed, signed and dated by the Collector and the offender or the Urinalysis Program Coordinator across a tamper-resistant tape affixed on the top of the shipping container. The tape will overlap the top and go down on both sides of the container.

49. The sample bottle will be transported to the laboratory by a designated governmental or private courier service. The container should be received by the laboratory within six days.

Collection in a Private Residence – Community

50. If the offender meets the criteria for tandem supervision, collection in a private residence will not take place unless the Collector is accompanied.

51. The Collector will obtain the consent of the offender or occupant prior to searching the collection area.

Testing of Samples

52. After testing, the urinalysis results will be transmitted by the laboratory to the specific responsibility centre, in accordance with the contractual requirements.

Reporting of Test Results

53. Positive test results, refusals or tampered samples will be forwarded to the Parole Officer immediately and recorded in OMS within three working days.

54. Negative test results as well as any technical reasons the sample could not be used will be communicated to the Parole Officer as soon as possible and recorded in OMS within 15 days.

55. If an offender disputes a positive test result and wishes to have a retest of the same sample, the offender must submit a written request within 30 calendar days to the Urinalysis Program Coordinator who will contact the laboratory to process the request.

56. Payment for a retest is the responsibility of the offender and will be paid in advance.

Consequences of Positive Test Results

57. In the institution, further to administrative consequences, the inmate will be subject to the disciplinary process.

58. In the community, the Parole Officer will follow procedures as per CD 715-2 – Post-Release Decision Process.

Enquiries

59. Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Annex A: Cross-References and Definitions

Cross-references

• CD 566 – Framework for the Prevention of Security Incidents
• CD 585 – National Drug Strategy
• CD 710-1 – Progress Against the Correctional Plan
• CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
• CD 715-1 – Community Supervision
• CD 715-2 – Post-Release Decision Process
• CD 719 – Long-Term Supervision Orders

Definitions

Collector:

any person authorized to collect a urine sample, who has completed CSC related urinalysis training.

Cut-off level:

concentration of a drug in the urine that determines if the test will be considered positive or negative as per Annexes B and C.

Diluted sample:

when the creatinine concentration or specific gravity in the urine sample is below the range of normal human urine.

Direct observation:

a manner that allows for the sample and container to be seen at all times by the Collector.

Laboratory:

a laboratory contracted by CSC to analyze samples is an authorized laboratory for the purposes of section 60 of the CCRR.

Negative test results:

a urine sample containing concentrations that are below cut-off levels.

Positive test results:

a urine sample containing concentrations that are equal to or above cut-off levels.

Reasonable grounds:

reasonable grounds are required to support a suspicion or belief. In order to be reasonable, the grounds must be:

1. objective (i.e. what other staff members with similar training and experience consider reasonable);
2. clear (i.e. based on verifiable facts or factors rather than a subjective feeling, hunch or intuition); and
3. related to and supporting a conclusion of suspicion or belief.

Retest:

a second confirmation test performed from the original urine sample.

Annex B: Classes Of Intoxicant

Annex C: Analysis Of Diluted/adulterated Samples

1. If the creatinine concentration in the urine sample is less than 20 mg/dl and/or the specific gravity is less than or equal to 1.003, a comprehensive forensic toxicology drug screening of the urine specimen for Group 1 drugs will be completed.

2. The confirmatory cut-off value for each substance is shown in the table below.

Annex D: Shy Bladder Syndrome And Urinalysis Collection

Shy bladder syndrome is a condition where someone is unable to provide a urine sample under direct observation.

In the case of shy bladder, the least restrictive option available is to have mirrors strategically placed so that the Urinalysis Collector can still observe the offender  donating in order to ensure chain of custody.

Where mirrors cannot or are not being used or the use of mirrors does not resolve the shy bladder concern, the following steps will be followed:

• During a demand for a urine sample, where the offender states that he/she is unable to providedue to shy bladder, you proceed to informal resolution.
• In these cases only, informal resolution consists of the Urinalysis Collector offering the offender a strip search, in accordance with CSC policy, including protocols for transgendered inmates.
• After the offender has been strip-searched, and the collection area has been thoroughly searched, the offender proceeds to the collection area unobserved and provides a sample. When the offender hands in the specimen bottle, the Urinalysis Collector then processes the sample, as per procedure.
• In the institution, if the inmate continues to claim that he/she is unable to provide and refuses to submit to a strip search, an Inmate Offence Report and Notification of Charge CSC/SCC 0222) for refusing to provide a sample under paragraph 40(l) of the CCRA is completed indicating that informal resolution was sought by the Collector and was refused by the inmate.

Please note that attempts will be made by the Collector/Coordinator to validate initial offender claims of shy bladder syndrome through Health Care, family physicians and/or the Case Management Team. It is recommended that the Coordinator maintain a list of those offenders claiming shy bladder syndrome.