Covers 1-4 6/13/00 2:13 PM Page 1 U.S. Department of Justice Office of Justice Programs Drug Courts Program Office Drug Courts Program Office DRUG COURTS RESOURCE SERIES Drug Testing in a Drug Court Environment: COMMONCOMMON ISSUES ISSUES TOTO ADDRESS ADDRESS Prepared by the Drug Court Clearinghouse and Technical Assistance Project Covers 1-4 6/13/00 2:13 PM Page 2 U.S. Department of Justice Office of Justice Programs 810 Seventh Street NW. Washington, DC 20531 Janet Reno Attorney General Daniel Marcus Acting Associate Attorney General Mary Lou Leary Acting Assistant Attorney General Marilyn McCoy Roberts Director Drug Courts Program Office Office of Justice Programs World Wide Web Home Page www.ojp.usdoj.gov Drug Courts Program Office World Wide Web Home Page www.ojp.usdoj.gov/dcpo For grant and funding information contact Department of Justice Response Center 1–800–421–6770 NCJ 181103 This report was prepared by the Office of Justice Programs Drug Court Clearinghouse and Technical Assistance Project at American University, Washington, D.C. This project is supported by grant numbers 95–DC–MX–K002 and 98–NU–VX–K018, awarded by the Drug Courts Program Office, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. OJP Drug Court Clearinghouse and Technical Assistance Project American University Issues Paper Series Drug Testing in a Drug Court Environment: COMMON ISSUES TO ADDRESS Jerome J. Robinson, M.F.S., T.C., S.C., M.T. Director, District of Columbia Pretrial Services Agency Drug Laboratory James W. Jones, Ph.D., D.A.B.C., D.A.B.F.E. Deputy Director, District of Columbia Pretrial Services Agency Drug Laboratory May 2000 Cover images © 2000 PhotoDisc, Inc. Foreword Drug testing is a cornerstone of drug court program operations. The functioning of all drug courts relies on the integrity and accuracy of the drug testing process as well as the immediacy with which drug testing services are accessed and the reliability of results obtained. This issues paper has been prepared by the OJP Drug Court Clearinghouse and Technical Assistance Project to address the most frequent issues that have been raised by drug court programs regarding drug testing. Although this report is by no means a definitive treatment of all of these issues, it is intended to provide an overview for drug court program officials—primarily lay persons—regarding the most critical topics that need to be addressed in developing and maintaining a drug testing capability. The authors, Jerome Robinson and James Jones, director and deputy director, respectively, of the District of Columbia Pretrial Services Agency Drug Laboratory, are forensic scientists and have worked for many years with the application of drug testing technologies in a variety of sectors. The results of their experience, research, and training, as they apply to drug testing in a drug court environment, are synthesized in this document. We are grateful for the helpful comments and insights of the following individuals who reviewed this document in draft: John N. Marr of Las Vegas, Nevada, who directs the drug treatment component of most of the Nevada drug courts, including the drug testing conducted by those programs, and Dr. Leo Kadehjian, of Palo Alto, California, a biomedical scientist who oversees the drug testing program for the U.S. Federal court system. Their advice and suggestions have been incorporated throughout the text. Drug testing is a science that requires the guidance and oversight of appropriately trained forensic scientists. We hope that this document will assist drug court officials in working with forensic experts in the design and operation of the drug testing component of their drug court programs. Caroline S. Cooper, Director OJP Drug Court Clearinghouse and Technical Assistance Project American University iii Contents 1. Introduction . .1 Drug Testing: A Continually Evolving Science . .1 2. Drug Testing Methodologies . .3 Most Commonly Used Samples for Detecting Drug Use . .3 Urine . .3 Blood . 3 Hair . .3 Sweat . .4 Saliva . .4 Testing Technologies . 4 Immunoassay . 4 Chromatography . 4 Testing Procedures . .4 Testing Methods . .4 Instrument Testing . .4 Non-Instrument Testing: Point-of-Contact Tests . 5 Role of Breathalyzers in Drug Testing Programs . 5 Testing for Special Substances . .5 Inhalants . .5 Tobacco . .6 Considerations in Selecting the Appropriate Testing Method for Individual Drug Court Programs . .6 3. Critical Components of a Drug Court Drug Testing Program . .7 Ensuring Adequate Staffing . .7 Maintaining the Integrity of the Process . .7 Detecting Adulteration . .8 Screening for Common Methods of Adulterated Specimens . .8 Waterloading . .8 Addition of Common Household Products . .8 Submission of Another’s Specimen . .8 Use of Diuretics . .8 Checking for Temperature, Color, and Other Evidence of Tampering . .8 Additional Tips . .10 Determining Appropriate Testing Frequency . .10 Spot Testing . .10 Random Testing . .10 Using Confirmation Testing . .10 Maintaining Specimens for Retesting . .11 Obtaining Accurate and Meaningful Interpretation of Results . .11 Establishing Cutoff Levels for the Drug Court Program . .11 Addressing “Spiking” Situations . .11 Understanding the Drug Use Characteristics in the Local Jurisdiction . .12 Determining an Acceptable Error Rate for the Testing Program . .12 Development and Periodic Updating of Procedures Manual Documenting All Aspects of the Drug Testing Process . .12 v DRUG COURTS RESOURCE SERIES Defendant Agreements To Comply With Drug Testing Program Requirements and for Release of Information . .12 4. Tips for Promoting an Effective Drug Court Drug Testing Program . .13 Educate and Train Everyone Involved About the Process and Procedures . .13 Anticipate Situations That May Occur . .13 Recognize Situations That Can Create Positive Test Results That Challenge the Integrity of the Testing Process . .13 Develop Contracts With Participants That Increase Responsibility for Eliminating Situations That Challenge the Test Results . .13 Document All Policies and Procedures in Writing . .14 5. Estimating Drug Testing Costs . .15 6. Questions To Ask Drug Testing Equipment and/or Supply Vendors . .17 7. Frequently Asked Questions . ..