(a) Staff of the same sex as the inmate tested shall directly supervise the giving of the urine sample. If an inmate is unwilling to provide a urine sample within two hours of a request for it, staff ordinarily shall file an incident report. No waiting period or extra time need be allowed for an inmate who directly and specifically refuses to provide a urine sample. To eliminate the possibility of diluted or adulterated samples, staff shall keep the inmate under direct visual supervision during this two-hour period, or until a complete sample is furnished. To assist the inmate in giving the sample, staff shall offer the inmate eight ounces of water at the beginning of the two-hour time period. An inmate is presumed to be unwilling if the inmate fails to provide a urine sample within the allotted time period. An inmate may rebut this presumption during the disciplinary process.
(b) Institution staff shall determine whether a justifiable reason exists, (e.g., use of prescribed medication) for any positive urine test result. If the inmate's urine test shows a positive test result for the presence of drugs which cannot be justified, staff shall file an incident report.
Notes of Decisions
Vanosdoll v. Warden, FCC Coleman - USP I (M.D. Fla. 2020).
· cites it 2× “28 C.F.R. § 550.31 (a). According to Petitioner, he was left unsupervised outside the lieutenant’s complex and was allowed to drink extra water, which he did.”
Woods v. LeMaster (E.D. Ky. 2022).
· cites it 2× “08 improperly requires staff to charge an inmate with refusing to provide a urine sample if they do not produce one within two hours, whereas its enabling regulation - 28 C.F.R. § 550.31 - states only that staff should “ordinarily” charge the inmate.”
Ulloa v. WARDEN (D.N.J. 2024).
· cites it 2× “The applicable regulation, found in 28 C.F.R. § 550.31 (a), provides that an inmate who fails to provide a urinary sample within a two-hour time frame “is presumed to be unwilling” to provide a sample and thus guilty of a disciplinary infraction, but that an inmate “may rebut…”
— 28 C.F.R. § 550.31(b) — 1 case
Ulloa v. WARDEN (D.N.J. 2024).
“The applicable regulation, found in 28 C.F.R. § 550.31 (a), provides that an inmate who fails to provide a urinary sample within a two-hour time frame “is presumed to be unwilling” to provide a sample and thus guilty of a disciplinary infraction, but that an inmate “may rebut…”
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