性侵害犯罪付保護管束加害人採驗尿液實施辦法

The Regulations herein are enacted pursuant to Article 34, Paragraph 3 of the Sexual Assault Crime Prevention Act.

For the sexual offender, who is under probation/parole supervision, and has reasons for suspicion of drug abuse, where the probation/parole officer orders the offender (hereinafter referred to as "examinee") to take a urinalysis, such test shall be conducted according to the Regulations herein.

1The district prosecutors office, which is responsible for collecting the urine specimen and conducting the urinalysis, shall set up a urinalysis room with essential equipment and appoint specialists to conduct the test.

2The district prosecutors office may entrust the urinalysis to other capable institutions/ organizations whenever the situation requires.

While collecting the urine specimen, the urinalysis specialist shall pay due regard to the examinee's safety and reputation, and shall not take any measure beyond necessity.

Where the examinee is female, a female urinalysis specialist shall be assigned to conduct the test.

The urinalysis specialist, along with his or her staff members, if any, shall not disclose any confidential information concerning the urinalysis affairs or any individual information whatsoever about the examinee known to him/her during his/her service of duty.

To ensure the integrity of the urine specimen collection process, as well as the chain of custody during its transportation and custody, the district prosecutors office shall implement necessary safeguards.

After holistic review of the relevant information about the examinee's criminal record, the condition of the probation/parole supervision, and the results of the evaluations and treatments made by the correctional institutions and the domestic violence and sexual assault prevention center, the probation/parole officer may order the examinee to take the urinalysis on a regular or random basis.

1The examinee shall obey the following rules:

21.Subjecting him or her to check on identification by the urinalysis specialist while registering;

32.Signing the examinee's name on the chain of custody form or any other relating documents provided by the urinalysis specialist;

43.Not carrying any personal items during collection of urine specimen;

54.Washing hands and drying them thoroughly before collection of urine specimen;

65.The amount of the urine specimen collected shall be no less than 60 milliliter;

76.The urine specimen shall be recollected if any of the following situations arises:

8(1) The temperature of the urine specimen not reaching 32 degree Celsius, or exceeding 38 degree Celsius, or suspensions in the urine specimen being detected, or anomaly being apparent in the color of the urine specimen;

9(2) Any other situation where the urinalysis specialist deems necessary, and permitted by the probation/parole officer accordingly.

1The urinalysis specialist shall monitor the whole process of urine collection and analysis, and pay attention to the following procedures:

21.Urine specimen shall be separated into two containers for this purpose, with each containing no less than 30 milliliter. These containers shall be sealed by the examinee with her/his left thumb's fingerprint;

32.For every urine specimen, a chain of custody form shall be made by the urinalysis specialist. Such record shall contain the information, from collecting urine specimen through transporting to the institution/organization for the testing, about the operating procedures undergone, timing, personnel, purpose, data of the urine specimen, and its important traits, etc. The above record shall be delivered with the urine specimen (including suspiciously falsified urine specimen, if any) for test;

43.Urine specimen shall be stored in a freezer with lock under 6 degree Celsius before sending out for test, and be checked at any time.

5If the examinee is unable to provide a left thumbprint, the fingerprint shall be collected in the following order: the right thumb, left index finger, left middle finger, left ring finger, left little finger; followed by right index finger, right middle finger, right ring finger, and right little finger. The name of the finger used is recorded by the urinalysis specialist. This provision shall not apply if the examinee's condition renders fingerprint collection unsuitable, provided that this finding is officially documented by the urinalysis specialist.

The testing-items in the urinalysis include opium metabolite (Morphine and Codeine) and amphetamine-category drugs (Amphetamine and Methamphetamine). Such items may be adjusted or increased after considering the actual condition of the examinee where necessary.

The urinalysis institution/organization and the analysis process referred to in the Regulations herein are regulated pursuant to Article 33, Section 1 of the Narcotics Hazard Prevention Act.

If the district prosecutors office disputes the result of the urinalysis, it may order the original entrusted institution/organization to conduct a re-examination or send the specimens to other urinalysis institution/organization for alternative test.

The Regulations herein shall take effect from the date of the promulgation.