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§ 8004.3. Incarcerated Individual Worker Controlled Substances and Alcohol Use.

15 CA ADC § 8004.3Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 8. California Prison Industry Authority
Chapter 1. Rules and Regulations of California Prison Industry Authority
Article 3. CALPIA Incarcerated Individual Work, Training, and Education
15 CCR § 8004.3
§ 8004.3. Incarcerated Individual Worker Controlled Substances and Alcohol Use.
Currentness
(a) To request testing for the presence of controlled substances or for the use of alcohol by an incarcerated individual assigned to CALPIA, an Administrator/Lead Manager will contact the institution's Investigative Services Unit (ISU) Lieutenant in the following circumstances:
(1) new hires pursuant to Section 8004.2(h);
(2) random drug testing for the duration of incarcerated individual's work assignment;
(3) when there is reasonable suspicion to believe that an incarcerated individual is under the influence of a controlled substance or alcohol; or
(4) in the event of an industrial accident involving the incarcerated individual.
(b) The following circumstances apply to determine if an incarcerated individual is unassigned from CALPIA when testing under subdivision (a):
(1) If a laboratory test is conducted, the suspected incarcerated individual must leave CALPIA until test results are complete. The laboratory test results will determine if the incarcerated individual may return to CALPIA.
(2) If an on-site testing of a urine sample is conducted and the results are positive, the incarcerated individual must leave CALPIA until further laboratory testing determines the following:
(A) Confirms the results of a positive, on-site, urine sample. Under this circumstance, the incarcerated individual will be unassigned from CALPIA.
(B) Indicates on-site, urine sample is negative. Under this circumstance the incarcerated individual may return to work at CALPIA.
(3) Any incarcerated individual refusing to submit to testing for controlled substance or alcohol pursuant to a direction by CALPIA or CDCR will be immediately unassigned from the CALPIA work/training program and treated as though a test result is positive.
(c) Any CALPIA incarcerated individual found in violation of Title 15, CCR, Section 3016 and/or 3290(d) will be immediately removed from the CALPIA work/training program and required to meet minimum requirements pursuant to subsection 8004(b)(3) prior to reapplying for a CALPIA position. Any incarcerated individual found to be in violation of Title 15, CCR, Section 3016 and/or 3290(d) will be immediately removed from the CALPIA work/training program, and may be subject to the provisions of Title 15, CCR, Section 3315, Serious Rule Violations.

Credits

Note: Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801, 2805 and 2808, Penal Code.
History
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment of section and Note filed 8-6-2015; operative 10-1-2015 (Register 2015, No. 32).
3. New subsection (b)(3) and amendment of subsection (c) filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).
4. Amendment of section heading and subsection (a)(3), new subsection (a)(4) and amendment of subsections (b) and (c) filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
5. Change without regulatory effect amending subsection (a)(2) filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).
6. Change without regulatory effect amending section filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
7. Change without regulatory effect amending section heading and section filed 6-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 24).
8. Change without regulatory effect amending section heading and subsection (b)(1) filed 4-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 16).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 8004.3, 15 CA ADC § 8004.3
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