Rule 9 Drug and Alcohol Testing Protocol
Rule Text
(a) Use of Other Substance. If a participant has a co-occurring substance use disorder, testing for alcohol, THC, and other substances may be used:
(1) As an assessment and diagnostic tool;
(2) To reinforce and validate successful recovery and abstinence;
(3) As an intervention and confrontation tool;
NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP
(4) As a deterrent to drug use and to hold the participant accountable;
(5) To provide a non-manipulative environment to monitor progress; and
(6) To assist in determining risk and revocation decisions.
(b) Honesty. Honesty is critical in the program. If a participant has used a substance at any time during the program, it is the participant’s responsibility to inform staff, or the person administering the drug test, of that fact before taking the test.
(c) Positive Test. Drug tests will be observed to ensure freedom from test errors or tampering.
(1) A test that is determined to have been tampered with, or “invalid” due to temperature, specific gravity, or creatinine levels, will be considered a positive test. If a test is missed, the participant must contact the Team immediately and be willing to test when requested.
(2) A missed test may be considered a positive test.
(3) If a participant arrives to submit to a drug test and is unable to provide a sample, it may be considered a positive test.
(d) Test Outcome. If a participant has a positive test in any phase, the Judge, based on recommendations from the Team, may apply immediate sanctions or treatment adjustments, including possible jail time, to help stop drug use. A participant who has an infraction in the days before a scheduled court date will be asked to attend court that week regardless of the scheduled court date.