1. (a) Supervised persons with a narcotic-related conviction within five years of incarceration for their current offense, or who have a history of alcohol or substance abuse, may have a special condition of parole imposed requiring UA testing at the direction of the Parole Agent (PA). Upon approval by the field Parole Unit Supervisor (US), the special condition of parole to participate in UA testing shall be imposed and documented on the CDCR Form 1515-Addendum (Rev. 04/19), Special Conditions of Parole. If reasonable suspicion exists that a prohibited substance was recently used, the CDCR Form 1515-Addendum is not required for the PA to instruct the supervised person to provide a UA specimen for testing.

   1. (1) The frequency in which UA testing is administered shall be determined by the supervision requirements, pursuant to Section 3504, and/or any imposed special conditions of parole set by the parole US, the court authority, or the Board of Parole Hearings (BPH).
   2. (2) The UA test is conducted when the PA obtains a random, unscheduled urine sample from the supervised person.
2. (b) Prior to collecting the urine sample, the PA shall inquire of the supervised person whether the supervised person is taking any prescription or over-the-counter medications which may result in a positive UA test result. The PA shall document the supervised person's response to the inquiry on the CDCR Form 1650-D (Rev. 07/24), Record of Supervision, which is incorporated by reference, only when the supervised person declares that they are taking prescription medication. If the supervised person admits to taking prescription medication, and/or the PA suspects that the type of medication may indicate a positive UA test result for a prohibited substance, the PA shall instruct the supervised person to provide proof of the current and valid prescription. This information shall be documented on the CDCR Form 1502 (Rev. 07/24), Activity Report, and a copy shall be placed in the supervised person's field file.

3. (c) The UA sample shall be taken under direct observation of the PA whenever possible, where he or she can clearly observe the flow of urine into the approved specimen bottle. During the collection of the UA sample, the PA shall adhere to the following:

   1. (1) Check the restroom for contraband and conduct a visual search of the supervised person's person prior to administering the test.
   2. (2) Conduct a pat down search when necessary to ensure the supervised person is not in possession of any contraband, only when safe to do so (e.g., in the parole office, or when in the community in the presence of another law enforcement officer).
   3. (3) Prohibit the supervised person from taking anything other than the test kit into the restroom, and note the temperature and color of the sample immediately following the test.
   4. (4) In the event that direct observation is not possible, further steps may be taken to reduce the chance of manipulation (e.g., no running water or flushing the toilet).
   5. (5) Documentation and placement of the sample into the locked UA sample storage container pursuant to section 3623.

4. (d) The UA samples being sent to the laboratory for confirmation must include the security labels provided by the contracted laboratory, and must be completed by the PA who collected the UA sample. The PA must clearly indicate the type of UA tests to be completed. The security label shall be placed on the sample bottle, and shall include the following:

   1. (1) The date the sample was obtained.
   2. (2) The supervised person's CDCR number.
   3. (3) The parole unit's identification or billing number.
   4. (4) The name or initials of the PA who collected the UA sample.

All supervised persons may be subject to Urinalysis (UA) Testing for prohibited substances, pursuant to section 3504. All confirmed positive UA test results must be addressed by intervention and/or sanctions to promote positive lifestyle changes.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3060.9, 3063.1, 3063.2, 3068 and 5054, Penal Code.

History

1. Change without regulatory effect adding article 10 (sections 3620-3625) and renumbering former section 3801 to new section 3620 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).

2. Amendment filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).

3. Repealer of article 10 (sections 3620-3625) and section and new article 10 (sections 3620-3626) and section filed 7-17-2014 as an emergency; operative 7-17-2014 (Register 2014, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-24-2014 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 7-17-2014 order, including amendment of subsection (a), transmitted to OAL 11-7-2014 and filed 12-22-2014; amendments effective 12-22-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 52).

5. Amendment of subsection (a) filed 6-27-2017; operative 10-1-2017 (Register 2017, No. 26).

6. Amendment of first paragraph filed 4-9-2019; operative 7-1-2019 (Register 2019, No. 15).

7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).