Section 25. Chemical Testing
Effective April 7, 2021
(a) The problem-solving court shall require participants to submit to chemical testing to determine the participant’s use of alcohol and drugs.
(b) The problem-solving court shall develop and observe written policy and procedures for scheduling and conducting chemical tests, to include:
(1) The specific method or methods of chemical testing used.
(2) What samples are collected and tested, such as urine, blood, breath, sweat or saliva.
(3) Substances identified by testing.
(4) The cutoff level for each substance.
(5) A description of the problem-solving court’s collection protocols, including random chemical testing procedures, for-cause testing policy, location of testing, testing hours, participant reporting timeframe following notice based on the type of sample(s) collected, and staff responsible for specimen collection.
(6) Any changes to the problem-solving court’s mandatory collection protocols shall follow consultation with an addictions treatment services provider certified by DMHA or certified, licensed or accredited by an equivalent certifying agency.
(7) Collection procedures including witnessed collection, staff training and sample chain of custody.
(8) The problem-solving court’s policy on missed tests, adulterated samples, dilute samples, and inadequate samples.
(9) The cost of and payment procedures for chemical testing.
(10) Circumstances requiring a confirmation test, if any.
(A) The problem-solving court’s procedures for confirmation including the type of confirmation test used.
(B) The party responsible for paying the cost of a confirmation test.
Commentary Section 25(b)(5).
Consult your toxicologist for the detection window for the type of sample(s) collected by your court.
Commentary Section 25(b)(6).
Consultation with an addictions treatment services provider may occur during a problem-solving court team meeting. It is recommended that a problem-solving court obtain a substance abuse assessment conducted by an addictions treatment services provider certified by DMHA or certified, licensed or accredited by an equivalent certifying agency with a determination that the participant does not have a substance abuse disorder, as such instances may occur in mental health courts, veterans’ treatment court, and reentry courts, etc. prior to discontinuing mandatory chemical testing protocols.