U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Federal Drug Testing Resurrects Old Issues: Experience of the 1989-90 Federal Court Trial

NCJ Number
167035
Journal
On Balance Dated: (Spring 1996) Pages: 7-11
Author(s)
M K Shilton
Date Published
1996
Length
5 pages
Annotation
This article analyzes the implications of the President's recent directive on drug testing of Federal arrestees and concluded that the central issue is the need for Federal resources and leadership for expanding local treatment efforts in which drug testing will have a subsidiary but important role.
Abstract
A meaningful drug testing program will cost at least $1 billion annually. The Presidential directive departs from earlier practices of coordinating drug policy between agencies via interagency task forces. Pretrial drug testing was studied in eight Federal districts in 1989-90, but the study did not test the hypothesis of whether testing alone achieved probation compliance. The legality of universal pretrial testing has yet to be fully litigated, but several constitutional issues exist. Pretrial drug testing's benefits to the pretrial release decision are minimal compared to the cost, given that failure-to-appear rates for Federal arrestees who are release pretrial are only 2 percent. However, the practical results of drug testing coupled with treatment have been promising. A Federal pilot program indicated that drug testing increased demands for treatment slots and placement in treatment, but that many districts had limited resources available for treatment. Whether the goal is increasing access to treatment or locking up more drug users needs to be determined. The forthcoming report by the Attorney General may provide a challenge for United States Attorneys to reassess their role in diversion, testing, and drug treatment, as well as to focus resources on expanding local treatment efforts.

Downloads

No download available

Availability