Nevada § 209.367 - Director to establish program for testing of offenders for use of alcohol and controlled substances

§ 209.367. Director to establish program for testing of offenders for use of alcohol and controlled substances

1. The Director shall establish a program, to be carried out within each facility

and institution, that provides for periodic testing of offenders for use of alcohol

and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol

and controlled substances must be made on a random basis. 2. The Director shall adopt, with the approval of the Board, regulations governing

the operation of the program. The regulations must set forth the procedure for testing, including, but not limited

to: (a) The types of tests to be used; (b) The manner in which a sample for a test is to be obtained; (c) The persons who are authorized to obtain a sample for a test; and (d) The method for preserving the chain of custody of a sample obtained for a test. 3. The Department shall inform the offenders in each facility and institution of the

requirement to submit to a test and the sanctions for refusing or failing to submit

to a test and for using alcohol or a controlled substance. The Department may provide this information through a general notice posted or distributed

in each facility and institution. 4. The Department may sanction, pursuant to subsection 5, an offender: (a) Who refuses or fails to submit to a test; (b) Whose test detects alcohol or a controlled substance; (c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals

or stores alcohol or a controlled substance; or (d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute,

conceal or store alcohol or a controlled substance. 5. In addition to any other sanction or penalty that may be imposed pursuant to law

or regulation, an offender who violates subsection 4 may be sanctioned by: (a) Forfeiture of all deductions of time earned by the offender before commission

of the violation or forfeiture of such part of those deductions as the Director considers

just, pursuant to NRS 209.451 ; and (b) Denial of the privilege to have visitors for a specified period, as determined

by the Director. 6. If alcohol or a controlled substance is found in a facility or institution, the

Director may order that for a specified period: (a) The offenders housed in the general area where the alcohol or controlled substance

is found; or (b) All offenders in the facility or institution, be confined to their cells or housing units or be denied the privilege to have visitors,

or both. 7. The establishment of the program to test offenders for use of alcohol and controlled

substances pursuant to this section does not affect: (a) The authority of the Department to test an offender for use of alcohol or a controlled

substance for any other lawful purpose or reason; or (b) The procedures used by the Department to conduct such tests.