Section 20. Chemical Testing
Effective December 8, 2022
(a) If the court orders an arrestee or pretrial defendant to submit to chemical testing to determine the person’s use of alcohol and drugs, the court shall make an individualized determination that the use of alcohol and/or drugs directly relates to the arrestee’s or pretrial defendant’s increased risk of failure to appear or re-offense during the pretrial period.
(b) The pretrial services entity shall develop and observe written policy and procedures for scheduling and conducting chemical tests of arrestees and pretrial defendants, to include:
(1) the specific method or methods of chemical testing used;
(2) the types of samples that are collected and tested, such as urine, blood, breath, sweat or saliva;
(3) the substances identified by testing;
(4) the cutoff level for each substance;
(5) a description of the collection protocols, including random chemical testing procedures, for-cause testing policy, location of testing, testing hours, reporting timeframe following notice based on the type of sample(s) collected, and staff or provider responsible for specimen collection;
(6) collection procedures including witnessed collection, staff training and sample chain of custody;
(7) the policy on missed tests, adulterated samples, dilute samples, and inadequate samples;
(8) the cost of and payment procedures for chemical testing; and
(9) circumstances requiring a confirmation test, if any, including:
(A) the procedures for confirmation including the type of confirmation test used; and
(B) the person or organization responsible for paying the cost of a confirmation test.