NRS209.367. Director to establish program for testing of offenders for use of alcohol and controlled substances.

      1.  The Director shall establish a program, to be carried out within each facility and institution, that provides for periodic testing of offenders for use of alcohol and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol and controlled substances must be made on a random basis.

      2.  The Director shall adopt, with the approval of the Board, regulations governing the operation of the program. The regulations must set forth the procedure for testing, including, but not limited to:

      (a) The types of tests to be used;

      (b) The manner in which a sample for a test is to be obtained;

      (c) The persons who are authorized to obtain a sample for a test; and

      (d) The method for preserving the chain of custody of a sample obtained for a test.

      3.  The Department shall inform the offenders in each facility and institution of the requirement to submit to a test and the sanctions for refusing or failing to submit to a test and for using alcohol or a controlled substance. The Department may provide this information through a general notice posted or distributed in each facility and institution.

      4.  The Department may sanction, pursuant to subsection 5, an offender:

      (a) Who refuses or fails to submit to a test;

      (b) Whose test detects alcohol or a controlled substance;

      (c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or

      (d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.

      5.  In addition to any other sanction or penalty that may be imposed pursuant to law or regulation, an offender who violates subsection 4 may be sanctioned by:

      (a) Forfeiture of all deductions of time earned by the offender before commission of the violation or forfeiture of such part of those deductions as the Director considers just, pursuant to NRS 209.451; and

      (b) Denial of the privilege to have visitors for a specified period, as determined by the Director.

      6.  If alcohol or a controlled substance is found in a facility or institution, the Director may order that for a specified period:

      (a) The offenders housed in the general area where the alcohol or controlled substance is found; or

      (b) All offenders in the facility or institution,

Ê be confined to their cells or housing units or be denied the privilege to have visitors, or both.

      7.  The establishment of the program to test offenders for use of alcohol and controlled substances pursuant to this section does not affect:

      (a) The authority of the Department to test an offender for use of alcohol or a controlled substance for any other lawful purpose or reason; or

      (b) The procedures used by the Department to conduct such tests.

      (Added to NRS by 1997, 1641)