Pretrial Drug Testing

• NCJ Number: 137057
• Author(s): C A Visher
• Date Published: 1992
• Length: 8 pages
• Sponsoring Agency: US Dept of Justice NIJ Pub
• Corporate Author: National Institute of Justice (NIJ)
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America
• Note: National Institute of Justice Research in Brief

Annotation

Pretrial drug testing of suspected offenders at arrest and during the period before trial is a relatively new practice, and both Federal and State criminal justice systems are debating the merits and drawbacks of establishing pretrial drug testing programs.

Abstract

Concerns raised about pretrial drug testing include the utility of such programs in reducing pretrial arrests and increasing court appearances, the accuracy of testing procedures, possible constitutional challenges to drug testing at the pretrial stage, and costs associated with operating pretrial drug testing programs. A program in Washington, D.C., is based on research showing that the most frequent serious offenders are also the heaviest drug users. Moreover, for many drug-involved offenders, criminal activity appears to rise or decline with the level of drug use, particularly heroin and cocaine. The District of Columbia's pretrial drug testing program has two components: (1) detection of drug use by testing arrestees prior to the initial court appearance and release decision; and (2) monitoring drug use among released defendants by regular testing as a condition of release. Drug test results from the District program appear to improve a judge's ability to assess reliably the likelihood of a defendant's pretrial misconduct. Whether regular testing reduces rearrest and failure to appear (FTA) rates for all released drug users, however, is questionable. Evaluations of pretrial drug testing programs in other jurisdictions, including New York City, Miami, Arizona, Wisconsin, Maryland, and Oregon, indicate that drug tests at the time of arrest may be useful in pretrial release decisionmaking but that such tests may not equally predict rearrest and FTA in all jurisdictions. In making decisions about the implementation of pretrial drug testing programs, policymakers and criminal justice officials must consider expected utility, implementation issues, local circumstances, value to the community, and costs. Logistical difficulties in and the future of pretrial drug testing are discussed. 19 notes and 3 exhibits