NCJ Number
131209
Journal
Pretrial Reporter Dated: (October 1988, December 1988, August 1989) Pages: 1-24
Date Published
1989
Length
24 pages
Annotation
The efficacy of drug testing by pretrial professionals is controversial. Six jurisdictions encountered practical issues faced by these professionals when implementing drug testing programs.
Abstract
Counties in Arizona, Oregon, Delaware, Maryland, and Wisconsin were selected to measure the effectiveness of drug testing of arrestees as a risk assessment tool and as a method to minimize the risk of pretrial misconduct. Secondary goals were to identify and document the resources required by local communities to improve the quality of information about drug use available to bail-setting magistrates through drug testing and to implement services needed for monitoring the pretrial activity of releases identified as drug users. Experiences of the six jurisdictions indicate that drug testing program issues fall into three main categories: system support, legal considerations, and the ability of the pretrial program to successfully implement a drug testing program. System support issues are examined in relation to political, financial, internal, external, and technical support. Legal issues in pretrial urinalysis include fourth amendment issues (postarraignment and prebond testing) as well as fifth and fourteenth amendment issues (self-incrimination, substantive due process, procedural due process, and equal protection). The rationale and assumptions underlying drug testing at the pretrial stage are discussed. 35 endnotes