Nevada Code § 209.367

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

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