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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 1. GENERAL PROVISIONS · Article 1. INMATE POLICIES

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

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    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. (1)

      Incarcerated;#

    2. (2)

      Released as a condition of probation for a felony or misdemeanor;#

    3. (3)

      Released as a condition of conditional release;#

    4. (4)

      Released as a condition of parole;#

    5. (5)

      Released as a condition of provisional release;#

    6. (6)

      Released as a condition of pretrial release; or#

    7. (7)

      Released as a condition of control release.#

  2. (b)

    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 clinical laboratory certified by the federal Centers for Medicare and Medicaid Services where necessary.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 42-1-10, enacted by Ga. L. 1992, p. 3234, § 1; Ga. L. 2015, p. 422, § 5-63/HB 310; Ga. L. 2021, p. 472, § 3/HB 93. The 2021 amendment, effective July 1, 2021, substituted “test by a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services” for “test by a licensed clinical laboratory” in the middle of the third sentence of subsection (b).

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, pages 113 to 114; merge action: carried; file SHA-256 1e701a9ff15b.