HD9 - Drug Testing of Arrestees
Executive Summary: The full Crime Commission met on October 18, 1988 and received the report of the subcommittee. After careful consideration, the findings and recommendations of the subcommittee were adopted by the Commission. After conducting an extensive review of reports from the National Institute of Justice and from the District of Columbia and New York drug testing programs, the subcommittee strongly supports the position that a close link exists between drug abuse and criminal behavior. The subcommittee found that the data from the two initial drug testing programs indicated a high percentage of drug use among all arrestees, especially those who committed major felonies. The results of the projects also strongly indicated that drug testing of arrestees is an effective way of identifying those who pose high risks of pretrial rearrest, and that pretrial drug testing can significantly reduce those risks for many arrestees. The subcommittee worked closely with the Director of the District of Columbia drug testing program to learn how that program is conducted. Testimony was heard on the constitutional issues surrounding the testing program, the importance of the test result information to the judicial officers and the current drug testing technology. The subcommittee also worked closely with the Department of Criminal Justice Services and the Department of Corrections to decide the proper agency in the state to administer a pilot drug testing program. The subcommittee made the following recommendations at its September 27, 1988 meeting: A. Enabling Legislation Introduce legislation to amend Section 19.2-123 of the Code of Virginia to enable any jurisdiction served by a pretrial services agency to conduct a voluntary drug testing program in agreement with the chief judge of the General District Court. The amendment should require that the test results only be used to assist the judicial officer in setting the conditions of release, The amendment would also allow the judicial officer to require an arrestee who tested positive on the initial test, and was subsequently released, to refrain from illegal drug use and submit to periodic tests until final disposition of his trial. (Appendix B) B. Coordination of Pilot Program by the Department of Corrections Contingent upon the passage of the proposed enabling legislation, request the Department of Corrections, in coordination with its new pretrial services program, to establish a pilot drug testing program for all accused felons in a jail's lock-up section. C. Quarterly Reports From the Department of Corrections Request that the Department of Corrections report on a quarterly basis to the Virginia State Crime Commission on the results of the drug testing program. |
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