NCJ Number
142414
Date Published
1993
Length
123 pages
Annotation
The goal of pretrial drug testing is to reduce the risk of failure to appear and the risk of rearrest among drug- using pretrial defendants. This goal is achieved by identifying and monitoring drug use. Furthermore, pretrial drug testing information presented in this monograph is based on the experiences of the Pretrial Services Agency's drug testing program in the District of Columbia and seven replication programs of the D.C. model funded by the Bureau of Justice Assistance from 1987 to 1991.
Abstract
Drug testing objectives are to maximize the number of identified drug users released to pretrial supervision by offering courts valid alternatives to detention or unsupervised release. Consequently, these alternatives reduce the level of drug use by monitored defendants, and separating defendants in need of drug treatment from those who can control drug use through monitoring alone. Experiences in the District of Columbia and other jurisdictions indicate that successful pretrial drug testing programs require the support of major agencies in the local criminal justice system. In addition, pretrial programs must assess the risks posed by defendants who fail to appear in court or present a danger to the community if released. Drug test results can be an effective tool in verifying a defendant's current level of drug use. Also test results can determine the risk of failure to appear or of pretrial rearrest suggested by that level of drug use. Drug testing must be integrated into the supervised release process. Drug testing as part of a supervised release program is frequently referred to as pretrial drug monitoring and typically involves having defendants submit a urine specimen on a periodic basis. Operational issues in pretrial drug testing are discussed, including chain of custody, urine specimen testing, and confidentiality. Management issues are also addressed, such as staffing, the information system used to record data, and the need for a drug testing procedures manual. In addition, legal issues in pretrial drug testing are considered that concern fourth amendment issues, due process, equal protection, and consent. Appendixes provide supplemental information on the confidentiality issue and urinalysis techniques for drug testing. References, notes, and exhibits