Legal Issues in Drug Testing Offenders and Criminal Justice Employees (From Drugs, Crime and the Criminal Justice System, P 329-359, 1990, Ralph Weisheit, ed., -- See NCJ-123316)

• NCJ Number: 123329
• Author(s): J R Sorensen; R V del Carmen
• Date Published: 1990
• Length: 31 pages
• Sale Source: Anderson Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

To deter drug use, criminal justice agencies are drug testing clients and considering testing employees.

Abstract

There are no major legal barriers to drug testing prisoners, probationers, or parolees because convicted offenders have diminished constitutional rights. Also, whatever rights they have may be overcome by a strong governmental interest in institutional safety in prison, rehabilitation of the offender, and the protection of society in probation and parole cases. Nonetheless, it is necessary that proper testing procedures be followed, the accuracy of the test be established, and the proper chain of custody procedures be employed. Drug testing prison and police officers raises the same constitutional issues as those raised in testing offenders. Court decisions indicate that drug testing may be allowed under narrow and limited conditions. The courts will most likely disallow mandatory testing of police officers, and possibly prison officers, except if there is at least a reasonable suspicion that the employee uses drugs. Even then, proper safeguards must be employed before an agency can test and later take disciplinary action. 16 references.