PRISONERS’ LEGAL
SERVICE INC
SUBSTANCE TESTING (FACT SHEET 13)
SUBSTANCE TESTING (FACT SHEET 13)
Prisoners in custody and those subject to a
parole order or a Court Order
may be required to undergo testing for illicit substances. Testing is usually by
way of a urine test (UT) however breath and blood tests are also used.
The person who is ordered to provide the sample must be told the purpose of
the sample being taken, as different rules apply in each case.

Medical Samples
Corrective Services procedure provides that Health Services staff can only
take UT’s in order to diagnose and treat medical conditions.

Random Sampling
The law provides that prisoners may be required to provide a UT for random
sampling. Random samples are taken in order to provide statistical data
about drug use in Queensland prisons. Random samples cannot be used to
obtain information about any individual prisoner’s drug use.
Prisoners are selected for random samples by a computer program. Donors
of test samples MUST remain anonymous and their names and details must
not be recorded on the sample jar. A code is placed on the sample, which
details the age bracket and other information that might affect the accuracy of
the sample. The results of all tests conducted are to be used for statistical
purposes only and all lists of prisoners undertaking random testing are to be
destroyed after the tests. Prisoners cannot be breached for providing a
positive test result on a random test.
A prisoner who refuses to provide a sample may be breached.

Targeted Testing
Apart from the testing mentioned, all other UT’s are for the purposes of
“targeted” sampling.
UT’s may be tested by presumptive tests of either on-the-spot kits or
immunoassay kits. Results of such tests can then be confirmed by sending
the test to a laboratory for a confirmation test.
TESTING
SECURITY
ORDERS
MAXIMUM
SUBSTANCE
Substance testing may be required for:
 Medical reasons; or
 Random sampling for statistical purposes; or
 Targeted testing for indicators of illegal drugs.
Testing Procedure – Secure custody
Corrective Services procedures provide that before sampling, officers must
ask whether the prisoner is on any medication or has used illicit substances,
and should make a note of any such substances.
Urine Testing Procedures

SUBSTANCE TESTING
At least two correctional officers must be present during the testing, at
least one of which must be of the same gender as the prisoner being
tested. If an officer of a different gender is present they must be out of
view of the offender but in view of the first officer;
 Prisoners may be strip searched before taking the sample, and if so,
the search must be conducted by two same gender correctional
officers, and other strip search procedures must be followed (see
Facts Sheet in this series on Searches of Prisoners);
 Supervising officers and prisoners providing the sample must wear
rubber gloves;
 Prisoners must have a choice from a minimum of five sample
containers;
 Prisoners should be permitted to see the sample jar at all times after
handing it back to the supervising officer;
 If the sample is going to a laboratory for testing, it must be sealed by a
tamper proof seal, in the prisoner’s presence;
If the result of the test is positive and the prisoner denies taking an illicit
substance, the sample should be sent to a laboratory for a ‘confirmation test’
as the first test may be inaccurate.
Low security and Parole Centres
Upon returning a positive result, the prisoner will be asked if s/he has taken
an illicit substance. The prisoner will be immediately placed in a secure room
at the open centre, and then returned to secure custody. This will occur
before a confirmation test is performed even if the prisoner denies taking an
illicit substance.
If a prisoner is returned to secure custody as a result of a positive test and
there are no other incidents or negative behaviours there should be no
reclassification and an automatic return to open custody after four weeks.
Admission of taking an illicit substance
If you admit to taking an illicit substance, you will be asked to sign a written
admission of taking the illicit substance. The signed admission will be placed
on the detention file, and the centre’s file. You may refuse to sign the
admission sheet. Note the following:



You should be careful that you are only admitting to an illicit substance
that you know you have taken;
You should not admit to a substance which may have incorrectly
turned up on the test;
Do not sign the admission sheet unless the information is accurate;

A promise by an officer to run a confirmation test later will not suffice if
you have signed your name on the admission sheet including
substances you have not taken.
Denial of taking an illicit substance
If you deny taking an illicit substance which shows up on the initial testing:

If the prison refuses to provide a confirmation test, seek legal advice (see
contact details below). The “confirmation test” is a final analysis or “break
down” of the sample. The sample is sent to a laboratory, such as the
Queensland Health Laboratories for the confirmation test. The testing may
take two weeks or more, but will provide more accurate information, such as,
in the case of amphetamines and methamphetamines, whether the initial test
showed a false positive. In the case of some opiates, it may indicate whether
the substance was caused by medication or by an illicit drug. The laboratory
test should be able to detect the difference.
A “deemed positive” result
A prisoner is also taken to have given a positive test sample if s/he:




Refuses to supply a test sample. ; or
Alters or invalidates the results of a test sample; or
Attempts to alter or invalidate the results of a test sample; or
Tampers or attempts to tamper, with a test sample.
If a prisoner is unable to provide a sample they may be given 500ml of water
to drink an given an hour within which to comply.
What happens if the UT is positive?
According to the Corrective Services Act 2006 (CSA), if a prisoner returns a
positive test sample, s/he may face one or all of the following consequences:



The test result may be considered when assessing a prisoner’s
classification;
S/he may be required to undertake a medical or behavioural treatment
program; and
S/he may be dealt with for the commission of an offence or a breach
of discipline.
SUBSTANCE TESTING

Medical records must be checked to see whether a medication could
have produced the positive result.
A “confirmation test” should be performed on the sample that returned
a positive result.
Result of the confirmation test
Result
Consequence
Negative (-)
Prisoner returned to open security. For prisoners who
have a Release to Work order, Corrective Services can
repeal a revocation of a Release to Work order, without
the delay of an application going back before the board.
Positive (+)
Prisoner will be breached and the consequences under
the CSA will apply.
Note: The result taken from the confirmation test is FINAL
Breach of discipline or criminal charge for a Positive UT?
SUBSTANCE TESTING
Under the CSA, if an act or an omission could be dealt with as a criminal
charge or as a breach of prison discipline, Corrective Services must refer it to
the Police. The Police will consider the evidence and decide whether to
proceed with charges, or not. If the Police decide not to proceed with
charges, the Police Commissioner must notify Corrective Services. Time
allowed for deciding the breach does not start to run until the Police notify
Corrective Services that they do not intend to proceed with charges (see
Facts Sheet in this series: Breaches of Discipline).
Prisoners’ Rights
If you believe that supervising officers did not follow correct procedure in
conducting the UT (see Urine Testing Procedures above), you can contact
the Ombudsman’s Office for investigation of the procedure. At the time of
writing, there is a free phone line from most prisons to the Office of the
Queensland Ombudsman. Details of the time that the phone is operating
should be posted at your prison. You can also write to the Ombudsman at:
Queensland Ombudsman
GPO Box 3314
Brisbane, Q. 4001
If you consider that you have been wrongly told that a UT was positive, you
may contact Prisoners' Legal Service Inc. (see contact details below), or
another lawyer for legal advice on whether you have a legal case, and if so,
the steps that should be taken to deal with the legal issue.
BLOOD TESTING
Only a doctor or nurse may take a blood test sample.
BREATH TESTING
 Two officers must be in attendance where action may result from a positive
reading.
 No one can be asked to provide a breath sample unless an officer has
reasonable suspicion that the offender has consumed alcohol and the
officer has obtained permission from the GM.
 The officer/s will first ask the prisoner if there is any reason why the test
would be positive.
 Officers should be aware that mouthwash or vinegar may return a positive
reading.
Quick Checklist
Are you a person who may be required to provide a test sample?
Was the test for medical reasons, random or targeted?
Remember that random sampling is private and confidential. The
results are only used for statistical purposes.
If you are a subject of targeted testing, provide the sample within a
reasonable time, do not alter or attempt to alter or invalidate the
sample, do not tamper or attempt to tamper with the sample or else it
may be deemed to be a positive result.
Do not sign an admission sheet if the contents are inaccurate.
If you know that the UT produced a false positive, ask for a
confirmation test.
If the final confirmation test is positive, be aware of the consequences.
If testing procedures have not been followed or you have been
wrongly given a positive result, note the steps you may take.
This legal information Facts Sheet is published by the Prisoners’ Legal
Service Inc. It is intended to provide legal information only and is no substitute
for legal advice. If you wish to take action arising from any material in this
Facts Sheet you should consult a lawyer immediately. The information was
current as at 1 December 2006.
Should you require further advice, contact PLS advice line which operates
Tuesdays and Thursdays between 9.00 am and 1.00 pm. or write to us at the
address below.
PRISONERS’ LEGAL SERVICE INC.
PO Box 5162, West End, QLD 4101
Fax: 07 3844 2703 Admin: 07 3846 5074
Email pls@plsqld.com
Web www.plsqld.com
SUBSTANCE TESTING
Have the correct procedures been followed by the officers during the
testing?