Home News More Than 1,600 Individuals Punished Over Faulty Drug Tests

More Than 1,600 Individuals Punished Over Faulty Drug Tests

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More Than 1,600 Individuals Punished Over Faulty Drug Tests

The New York State Inspector General Lucy Lang published a report on January 5 on faulty drug tests administered to inmates. Between January 2019 and August 2019, more than 1,600 inmates tested positive for partial opioid agonist buprenorphine or synthetic cannabinoids. The punishments were harsh, even for those who had never tested positive on any drug test while incarcerated. Parole hearings became delayed, privileges were lost, and some were even placed in solitary confinement. 

These tests, manufactured by Microgenics Corporation and administered by the Department of Corrections and Community Supervision (DOCCS), left several individuals reeling. One woman tested positive for the first time since her sentence began two years prior. She remained confined to her cell for 40 days as well as 45 days in solitary confinement. Because of this, the inmate ended up losing her prison job, recreation time, and visits from her family. Another individual was confined to his cell for 45 days and lost telephone privileges for a false positive drug test. 

Microgenics

Microgenics Corporation, owned by Thermo Fisher Scientific, began providing DOCCS with drug tests beginning in January 2019. When several inmates began to test positive for drugs they didn’t consume, DOCCS should have administered a second, separate screening with a different test. This is according to DOCCS policy. However, officers had positive tests redone with the same Microgenics tests, which had already tested positive. 

Additionally, Microcenics didn’t disclose important information about their tests to DOCCS. Through their own testing, Microgenics discovered their drug tests test positive for common medications, over-the-counter antacids, and natural sweeteners. By not disclosing this information, Microgenics led to several individuals receiving unjust punishment. 

Response

“This stands as a heartbreaking example,” Inspector General Lang said in her report, “of how the absence of transparency can undermine due process and basic human rights.

“Although the mounting public health crisis of substance misuse sadly exists behind bars,” Lang added, “it by no means justifies the ultimately arbitrary penalties imposed on already vulnerable community members in our state facilities.” 

There are currently outstanding lawsuits against both Microgenics Corporation and DOCCS for various offenses. Inspector General Lang said she supports the lawsuits and will do everything she can to right the wrong. New York is looking to rectify their wrongs. They will move forward with new policies regarding drug tests and reacting to positive test results. They have already switched test manufacturers and fewer inmates test positive. 

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