Report by HM Inspectorate of Prisons on HM Prison, Penninghame 1997

Extract from the Scottish Prison Service Mandatory Drug Testing Policy and Procedures

ADVICE FOR GOVERNORS OF PRISONS HOLDING PRISONERS IN OPEN CONDITIONS

The guidance provides advice to Governors on the operation of MDT in Open Prisons, where the Governor's authorisation for MDT is in force in both the transferring and receiving establishments.

1.1 Introduction

Mandatory drug testing provides a practical tool to assist in the reduction of drug misuse within prisons. The management of prisoners who misuse drugs raises issues for open prisons, particularly with regard to:

• selection criteria;

• responses to positive test results;

• the risk of absconds while awaiting results; and

• the impact on numbers in closed and open establishments.

1.2 Selection criteria: long term prisoners

Before a long term prisoner is considered for a transfer to an open prison, (s)he:

• should have negative test results in the last 3 tests;

• if the prisoner had not previously been tested, up to 2 tests over a period of 1 month should be arranged for risk assessment purposes, and should normally prove negative prior to transfer; and

• if on a drug reduction programme, should have completed the programme satisfactorily.

1.3 Testing in open conditions

Prisoners will be tested at open establishments as part of the risk assessment process prior to access to home leaves, local leaves and community placements. They will also be liable to random testing and other forms of MDT.

Prisoners who refuse to provide a sample for testing should be charged with a breach of discipline and should also normally be returned to closed conditions immediately unless in exceptional circumstances it would not be reasonable to do so.

Prisoners who have a positive drug test (under MDT arrangements) should be charged with a breach of discipline and appear at the Orderly Room. The Parole Board should be notified as necessary of the outcome of the Orderly Room.

Depending on the circumstances, prisoners who have a positive drug test at the open establishment for the first time may be offered appropriate support at the open establishment. They should be placed on a frequent test programme and be precluded from home leaves, local leaves and community placements until they have at least 2 negative tests over 6 weeks, and should not be permitted to drive or use potentially dangerous machinery.

Prisoners who subsequently have a positive drug test a second time as part of a frequent test programme (under MDT arrangements) should normally be returned to closed conditions, unless in exceptional circumstances it would not be reasonable to do so. This may be done immediately on receipt of a positive screening test result pending adjudication if there is a significant risk of the prisoner absconding or doing something impulsive. The Parole Board should be informed. Prisoners should be offered appropriate support in the closed prison. Prisoners who choose not to address their drug misuse in the open prison should be returned to closed conditions.

1.4 Transfer to open conditions

Following return to closed conditions for drug misuse, prisoners should not normally be eligible for consideration for future transfer to open conditions unless and until they have negative tests for drugs in 3 tests (under MDT arrangements) over a 3 month period after participating in and successfully completing appropriate drug education, support or treatment programmes.