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25-5-333
Section 25-5-333 Elements of program. (a) A drug-free workplace program shall contain all the
following elements: (1) A written policy statement as provided in Section 25-5-334. (2) Substance
abuse testing as provided in Section 25-5-335. (3) Resources of employee assistance providers
maintained in accordance with Section 25-5-336. (4) Employee education as provided in Section
25-5-337(a). (5) Supervisor training in accordance with Section 25-5-337(b). (b) In addition
to the requirements of subsection (a), a drug-free workplace program shall be implemented
in compliance with the confidentiality standards provided in Section 25-5-339. (Acts 1995,
No. 95-535, p. 1082, §4.)...
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25-5-334
Section 25-5-334 Notice of testing; written policy statement. (a) One time only, prior to testing,
all employees and job applicants for employment shall be given a notice of testing. In addition,
all employees shall be given a written policy statement from the employer which contains all
of the following: (1) A general statement of the employer's policy on employee substance abuse
which shall identify: a. The types of testing an employee or job applicant may be required
to submit to, including reasonable suspicion or other basis used to determine when the testing
will be required. b. The actions the employer may take against an employee or job applicant
on the basis of a positive confirmed test result. (2) A statement advising an employee or
job applicant of the existence of this article. (3) A general statement concerning confidentiality.
(4) The consequences of refusing to submit to a drug test. (5) A statement advising an employee
of the Employee Assistance Program, if the employer...
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45-2-81.43
Section 45-2-81.43 Admission into program. (a) Prior to being admitted to the Pre-Trial Intervention
Program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
test taken, and any other information concerning the offender which the district attorney
feels has a bearing on the decision as to whether or not the offender should be admitted to
the Pre-Trial Intervention Program. (b) The district attorney may require the offender to
submit to any type of test or evaluation process or interview the district attorney deems
appropriate in evaluating the offender for admittance into the Pre-Trial Intervention Program.
The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to
or provided for by this subpart. (Act 97-692, p. 1045,...
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45-2-81.42
Section 45-2-81.42 Appropriateness of intervention. (a) Intervention shall be appropriate if:
(1) There is a likelihood justice will be served if the offender is placed in an intervention
program. (2) It is determined the needs of the state and of the offender can be met through
the Pre-Trial Intervention Program. (3) The offender poses no substantial threat to the safety
and well-being of the community. (4) It appears the offender is not likely to be involved
in further criminal activity. (5) The offender will likely respond to rehabilitative treatment.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice
or special circumstances dictate. (Act 97-692, p. 1045, §3.)...
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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following
meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment
program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of
the following: a. A controlled substance, a drug or other substance for which a medical prescription
or other legal authorization is required for purchase, or any isomer, salt, optical isomer,
or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution,
use, or possession is forbidden by law. c. A substance otherwise legal to possess, including,
but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful
substances which are abused. (4) PARTICIPANT. A person who has been approved for participation
in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE.
An offense or charge as defined in...
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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance into
the pretrial diversion program shall be in the discretion of the district attorney. To assist
the district attorney in his or her decision to admit the offender into the pretrial diversion
program, the district attorney, prior to the offender being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, may require an offender
to furnish to the district attorney information concerning past criminal history, educational
history, work history, family history, medical or psychiatric treatment history, psychological
tests, or any other information concerning the offender which the district attorney believes
is applicable to determine whether the offender should be admitted into the pretrial diversion
program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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15-22-57
Section 15-22-57 Promulgation of regulations and guidelines. The Board of Pardons and Paroles
shall adopt and promulgate regulations and guidelines to: (1) Establish a program of limited
supervision for probationers who qualify addressing eligibility using validated risk and needs
assessments, transfers among levels of supervision, to include the transfer of lower-risk
individuals to an administrative form of probation, and reporting requirements; (2) Develop
policies and procedures for screening, assessment, and referral for probationers to connect
with recidivism reduction services including, but not limited to, cognitive behavioral intervention
and substance abuse treatment; (3) Establish a matrix of rewards for compliance and pro-social
behaviors and swift, certain, and graduated sanctions to be imposed by the board under the
provisions of subsections (f) and (g) of Section 15-22-54 in response to corresponding violations
of probation terms or conditions imposed; and (4) Ensure...
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15-22-37
Section 15-22-37 Rulemaking authority. (a) The Board of Pardons and Paroles may adopt rules,
not inconsistent with the provisions of this article, touching upon all matters dealt with
in this article, including, among others, practice and procedure in matters pertaining to
paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule
adopted by the board shall have the effect of denying to any person whose application for
parole or the revocation of whose parole is being considered by the board from having the
benefit of counsel or witnesses upon the hearing. (b) The Board of Pardons and Paroles shall
adopt rules to do the following: (1) Establish a program of limited supervision for parolees
who qualify addressing eligibility using validated risk and needs assessments, as defined
in Section 12-25-32, transfers among levels of supervision, to include guidelines for the
transfer of lower-risk individuals to an administrative form of parole, and reporting...
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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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