(a) Any inmate who has been convicted ofan offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to submit to drug testing.

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Terms Used In Hawaii Revised Statutes 353G-3

  • Conviction: A judgement of guilt against a criminal defendant.
  • drug test: means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. See Hawaii Revised Statutes 353G-2
(b) Drug tests shall be administered by the department of corrections and rehabilitation, in accordance with drug testing standards or rules adopted by the department of health that ensure fair, accurate, and reliable testing and confirmatory procedures and protect the chain of custody as required by section 329B-2.5(4). The sample or specimen used in the drug test shall be provided by or taken from the inmate in a medically safe and appropriate manner.
(c) The test shall be performed as soon as practicable after conviction and prior to the release of the inmate. If an inmate has not undergone a drug test prior to the time of release, submission to a drug test shall be a condition of the inmate’s release pursuant to section 353G-7.