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O.C.G.A. § 42-1-10 — Preliminary urine screen drug tests | Georgia Code
O.C.G.A. § 42-1-10 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 42 PENAL INSTITUTIONS

Section 1. General Provisions, 42-1-1 through 42-1-19.

ARTICLE 1 INMATE POLICIES

42-1-10. Preliminary urine screen drug tests.

  1. Any community supervision officer of the Department of Community Supervision or official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is:
    1. Incarcerated;
    2. Released as a condition of probation for a felony or misdemeanor;
    3. Released as a condition of conditional release;
    4. Released as a condition of parole;
    5. Released as a condition of provisional release;
    6. Released as a condition of pretrial release; or
    7. Released as a condition of control release.
  2. The Department of Corrections, Department of Community Supervision, and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Community supervision officers of the Department of Community Supervision or officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a licensed clinical laboratory where necessary.

(Code 1981, §42-1-10, enacted by Ga. L. 1992, p. 3234, § 1; Ga. L. 2015, p. 422, § 5-63/HB 310.)

The 2015 amendment, effective July 1, 2015, substituted "community supervision officer of the Department of Community Supervision or" for "probation officer, parole officer, or other" near the beginning of the introductory paragraph of subsection (a); in subsection (b), inserted ", Department of Community Supervision," near the beginning of the first sentence, and substituted "Community supervision officers of the Department of Community Supervision or" for "Probation officers, parole officers, or other" at the beginning of the second sentence. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.