NCJ Number
144498
Journal
Federal Probation Volume: 57 Issue: 1 Dated: (March 1993) Pages: 42-47
Date Published
1993
Length
6 pages
Annotation
Knowledge about a criminal defendant's drug use can be very effective in establishing conditions for pretrial release and in monitoring even the most statistically high risk individuals after they are released.
Abstract
Given the high incidence of drug use among arrestees and the association between drugs and crime, drug testing at the pretrial stage is important as a risk assessment tool. By identifying drug users, release conditions tailored to the problems of the individual defendant can be established. In addition, drug testing can be used to monitor drug users who are released while awaiting trial. The goal is to facilitate the release of pretrial detainees and reduce jail crowding while preserving public safety. As a result of a consent order signed in 1986, the District of Columbia established an Intensive Pretrial Supervision Program. The District has a long history of using nonfinancial pretrial release conditions and more than two-thirds of arrestees are released at their first appearance in court. The new program was aimed at securing the release of those individuals who because of their criminal histories or drug use did not qualify for release at this stage. An intensive program of supervision including frequent drug testing was set up with swift sanctions for violations of the conditions of release. The result was that the group in the intensive program had lower drug positive rates and fewer arrests on new charges than similar defendants under less stringent release conditions. About one-half of the program participants did violate at least one condition of release and one-half of those were returned to custody. Nevertheless, the results suggest that even arrestees in the highest risk categories can be managed during the pretrial period without excessive danger to the public.