§353G-6 Use of drug test or assessment results. (a) Except as provided by law, the results of an inmate's drug test required or ordered under this chapter shall be used only to determine:
(1) Whether the department of public safety shall order treatment or an assessment;
(2) Appropriate conditions of parole or other release from a correctional center or facility; or
(3) An appropriate sanction for violation of a term or condition of the person's participation in a treatment program imposed pursuant to section 353G-9 or any other law.
(b) Except as provided by law, an assessment shall be used only for the purposes listed in subsection (a)(2) or (a)(3) and to provide background information about an inmate to any person or agency conducting a prerelease assessment pursuant to section 353G-4.
(c) Except as provided in this chapter, any information obtained as a result of an assessment program or a treatment program, including positive drug tests, shall be kept confidential in accordance with the requirements of title 42 United States Code section 290dd-2. [L 1998, c 152, pt of §2; am L 2011, c 43, §21]
Structure Hawaii Revised Statutes
353G. Criminal Offender Treatment Act
353G-3 Mandatory drug testing of repeat offenders.
353G-4 Mandatory assessment of offenders.
353G-5 Drug test results or assessment; confidentiality of.
353G-6 Use of drug test or assessment results.
353G-7 Conditions of parole or other release from a correctional center or facility.
353G-8 Report on progress in treatment programs and compliance with conditions.
353G-10 Drug testing or assessment fees.
353G-11 Escape from residential treatment facility.
353G-12 Satisfactory progress in treatment program as mitigating factor.
353G-13 Reporting and implementation; substance abuse treatment monitoring program.
353G-15 Accreditation and standards.