Pubdate: Sat, 22 Jun 2002
Source: Royal Gazette, The (Bermuda)
Copyright: 2002 The Royal Gazette Ltd.
Contact:  http://www.theroyalgazette.com/
Details: http://www.mapinc.org/media/2103
Author: Stephen Breen
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

PRISON OFFICERS TO TEST INMATES FOR DRUGS

Prison officers will now be able to test inmates for drugs and alcohol
under new legislation tabled in the House of Assembly yesterday.

Officers have been unable to carry out the tests after prisoners
launched a legal challenge several years ago, arguing successfully
that the Prisons Act did not give officers the power to demand urine
samples.

The amendment to the legislation tabled yesterday by Labour, Home
Affairs and Public Safety Minister Terry Lister was welcomed by
agencies working with former inmates, who said it plugs a hole in the
system.

The Bill, which is expected to pass without opposition, will give
Prison officers the right to demand urine and breath samples from
inmates to determine if they have been taking drugs or alcohol. The
officers must first obtain permission from the Commissioner of Prisons.

Shawn Crockwell, of Work Inc., which works to get ex-offenders
employment, said the new Prisons Amendment Act was a step in the right
direction.

"I am not surprised this is being introduced because it is a
deficiency in the system because under the present Prison Act, Prison
officers don't have the authority to demand these tests," he said.

"The Prisons Act only allows them to test for communicable diseases.
The prisoners made a legal on challenge on this. I don't think it ever
got to court but I believe the Attorney General looked into it and
agreed that the Act did not afford the authority to demand the urine
tests."

At the moment, inmates don't have to agree to give urine tests, but
the authorities will not allow them to go to the Prison Farm if they
don't give a sample.

"I welcome this, because you can't have proper treatment if you don't
have the means and the structure to ascertain who is using and who is
not," Mr. Crockwell added. Bermuda Prison Officers Association
chairman Michael Tuzo could not be contacted for comment yesterday.
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MAP posted-by: Richard Lake