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| 57.9 (1) Substance testing - A person authorized by the Minister for the purpose may demand that an inmate in a correctional institution produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body, if, | ||
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(a)
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the demand is authorized by the director or superintendent of the correctional institution and the person authorized by the Minister has reasonable grounds to suspect that, | |
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(i)
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the inmate has consumed or used alcohol or another prescribed substance, and | |
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(ii)
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a test is necessary to confirm the consumption or use; | |
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(b)
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the demand is part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations; or | |
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(c)
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a substance test is prescribed as a requirement for participation in, | |
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(i)
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a prescribed program or activity involving contact with the community, or | |
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(ii)
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a prescribed substance abuse program. 2000, c. 40, s. 15. | |
| (2) Same - A person authorized by the Minister for the purpose may demand that a parolee, inmate who is released from custody on a temporary absence, probationer or conditional sentence offender produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body, | ||
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(a)
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at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances, in order to monitor the person's compliance with that condition; | |
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(b)
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at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances, in order to monitor the person's compliance with that condition; | |
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(c)
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at regular intervals, in order to monitor the person's compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; | |
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(d)
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at regular intervals, in order to monitor the person's compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances. 2000, c. 40, s. 15. | |
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(e)
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at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person's compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; or | |
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(f)
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at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person's compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances. | |
| (3) Application of Subs.(2) - Subsection (2) only applies if it is a condition of the person's parole, temporary absence, probation or conditional sentence that the person, | ||
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(a)
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abstain from the consumption or use of alcohol or other prescribed substances; and | |
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(b)
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submit to testing to determine the presence of alcohol or other prescribed substances. 2000, c. 40, s. 15. | |
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