37 Pa. Code § 97.113. Treatment sanctions.

§ 97.113. Treatment sanctions.

(a)  A participant who tests positive for the use of alcohol or other drugs shall receive a hearing according to the procedures in the Department’s inmate disciplinary policy. If the hearing examiner or community corrections hearing committee, as applicable, determines that the participant used alcohol or other drugs, the participant shall be subject to the following sanctions:
   (1)  A participant housed in a State correctional institution or institutional therapeutic community shall be expelled from the DOTP and housed as the Department deems appropriate pending further action by the sentencing court.
   (2)  A participant receiving treatment through a community-based therapeutic community, outpatient addiction treatment facility or during supervised reintegration to society shall be evaluated by the Department. The participant shall be housed as the Department deems appropriate pending completion of the evaluation. Following the evaluation, the participant may be placed in the treatment setting deemed appropriate by the Chief of the Department’s Central Office Treatment Division or a designee or suspended or expelled from the DOTP.
(b)  Subject to the time limitations set forth in the act, a participant who requests assistance because he believes he is in danger of relapsing will be given the opportunity to receive treatment in a more restrictive treatment setting as deemed appropriate by the Chief of the Department’s Central Office Treatment Division or a designee.
(c)  For purposes of this section, the term ‘‘other drugs’’ means a controlled substance, counterfeit, designer drug, drug, immediate precursor or marihuana as those terms are defined in The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-143) or any prescription drug that has not been prescribed for the individual using the prescription drug.

Cross References

   This section cited in 37 Pa. Code §  97.112 (relating to supervised reintegration into the community); and 37 Pa. Code §  97.116 (relating to expulsion from a DOTP).

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