61. (1) The power of the institutional head, pursuant to section 54 of the Act, to grant prior authorization for urinalysis may be exercised by the urinalysis program co-ordinator.
(2) The function of the institutional head under subsection 57(1) of the Act to hear an inmate's representations before submitting a sample, may be carried out by the urinalysis program co-ordinator.
Requirement to Provide a Sample
62. Where an inmate is required by a staff member to submit to urinalysis pursuant to paragraph 54(a) of the Act and makes representations to the institutional head objecting to the requirement pursuant to subsection 57(1) of the Act, the institutional head or urinalysis program co-ordinator shall
(a) review the demand for a sample and the inmate's objections to determine whether there are reasonable grounds on which to require the sample; and
(b) where the institutional head or urinalysis program co-ordinator determines that there are reasonable grounds, direct the inmate to provide the sample.
63. (1) For the purposes of paragraph 54(b) of the Act, the Service may establish a random selection urinalysis program for the purpose of ensuring the security of the penitentiary and the safety of persons by deterring the use of and trafficking in intoxicants in the penitentiary.
(2) A random selection urinalysis program shall provide for samples to be provided by inmates whose names have been chosen by random selection from among the names of the entire inmate population of the penitentiary.
64. (1) For the purposes of paragraph 54(c) of the Act,
(a) any program or activity that requires that an inmate have access to the community or contact with a person from the community, where such access or contact could reasonably be expected to provide the inmate with an opportunity to have access to an intoxicant, is a prescribed program or activity; and
(b) any treatment program that is designed to assist in the rehabilitation of an inmate who has a problem of substance abuse is a prescribed substance abuse treatment program.
(2) Urinalysis is a requirement for participation in a program or activity referred to in paragraph (1)(a) where an inmate requests authorization to participate in the program or activity and
(a) has a record of substance abuse; or
(b) has been convicted of a disciplinary offence under paragraph 40(l) of the Act within two years of the request.
(3) Urinalysis is a requirement for participation in a substance abuse treatment program referred to in paragraph (1)(b) where an inmate requests authorization to participate in the program and urinalysis is an integral part of the program.
65. (1) For the purposes of section 55 of the Act, where an offender is required by a staff member to submit to urinalysis at regular intervals, the regular intervals shall be determined by assessing, in accordance with subsection (2), the risk of the offender not complying with a condition referred to in that section.
(2) In making an assessment pursuant to subsection (1), the following factors shall be taken into consideration:
(a) the offender's record of substance abuse;
(b) offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty;
(c) the ability of the offender to rehabilitate and reintegrate into the community, taking into account the offender's behavioural and emotional stability; and
(d) the program and treatment needs of the offender.
(3) For the purposes of section 55 of the Act, where an offender is required to submit to urinalysis at regular intervals, the offender shall be informed of the length of the intervals.
(4) Where, pursuant to subsection 57(2) of the Act, an offender makes representations respecting the length of the intervals, the urinalysis program co-ordinator shall review the representations and confirm or vary the length of the intervals.
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