2019 Mississippi Code
Title 63 - Motor Vehicles and Traffic Regulations
Chapter 11 - Implied Consent Law
§ 63-11-31.1. Mississippi Forensics Laboratory to promulgate rules and regulations for court-ordered drug testing of DUI/other drug violators; evaluation of proposals made by and approval of vendors to be utilized by trial courts

Universal Citation: MS Code § 63-11-31.1 (2019)
  • (1) The Mississippi Forensics Laboratory shall promulgate rules and regulations for court-ordered drug testing of DUI/other drug violators and shall approve which vendors are eligible to be utilized by the trial courts when ordering defendants to undergo drug testing as a condition of continuing to exercise the privilege to drive. The Forensics Laboratory may assess fees to the vendors, and shall prescribe the maximum costs to the offender for drug testing. The Forensics Laboratory may seek the advice of the State Intervention Court Advisory Committee in fulfilling these duties.

  • (2) The Forensics Laboratory must evaluate proposals made by prospective vendors for acceptability, including, without limitation, the following factors:

    • (a) A description of the method used for assessment;

    • (b) The frequency with which the offender will be tested;

    • (c) The procedure used by the vendor to ensure the accuracy of the test results;

    • (d) The length of time allowed the offender to provide a biological sample after being given notice;

    • (e) The frequency with which the vendor will make reports to the court;

    • (f) The list of approved sites for the collection of biological samples for testing.

  • (3) The Forensics Laboratory must promulgate regulations for the program and for vendors, including at a minimum:

    • (a) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.

    • (b) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.

  • (4) The Forensics Laboratory will provide the list of approved vendors, subject to continuous updating, to the Mississippi Judicial College for dissemination to the trial courts.

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