The California Department of Amendment and Rehabilitation are reviewing parole hearings in hundreds of states to see if inmates who were denied parole due to defective drug testing have been denied.
CDCR officials say nearly 6,000 drug tests in California prisons are believed to have led to false positives between April and July last year, and parole board lawyers are conducting reviews of prisoner files to determine whether they need to be rethinked before the parole board.
If a prisoner is denied parole due to a test defect, he could be in charge of a new hearing before the parole board, said the lawyers representing inmates affected by a drug testing defect.
The review is already underway and will determine whether “without a positive drug screening, there is sufficient evidence to support the denial of parole for those who are incarcerated.”
A new hearing is scheduled if there is not enough evidence to support imprisonment other than drug testing.
CDCR officials declined to provide details on the number of parole hearings and whether parole hearings had been rescheduled since the process began. More information will be available after the review is completed, the department said.
Representatives from Uncommon Law, a nonprofit advocacy group for inmates seeking parole, told lawyers this week that the reviews will involve at least 459 parole hearings and dozens of administrative reviews and denials from prisoners.
After receiving records showing positive test results surged across the state’s prison system between April and July last year, the group reviewed false test results and raised suspicions that something was wrong.
The California Parole Board is also considering 75 administrative denials and 56 petitions that have been denied advances in inmate parole hearings.
All files under review involve prisoners who have participated in the CDCR’s Medical Assistant Program and have recently been denied parole or petitions between April 2024 and this month to move their parole hearing to an earlier date. Program inmates treat substance abuse problems with medication.
Drug tests given throughout the state’s 31 prison systems have been distributed as part of the drug treatment program for some inmates and are included in the file as part of medical records. While prison staff are not permitted to use drug testing as part of disciplinary action, the file is accessible to members of the Parole Board.
Some supporters have pushed for the medical files not to be included in parole hearing decisions, claiming that the information is private and can provide incomplete or defective photographs of inmates’ behavior without the input of a doctor. Additionally, supporters of Uncommon’s law argue that, like the flawed treatments used last year, drug tests used in treatment do not include follow-up tests to confirm results, and can be driven away by inmates from seeking treatment for addiction.
“When the board uses conclusive drug testing from substance use treatment records in parole hearings, they don’t just ignore science and expert medical guidance. They’re keeping people away from life-saving treatment during a fatal overdose epidemic in our state prisons.”
Natasha Baker, an attorney for Uncommon, praised the state’s move to consider a recent parole board decision, but said there are still concerns that the outcome could affect inmates in the future.
“We need to closely monitor the review process and ensure that the board takes necessary steps to mitigate the impact of these false records,” she said in a statement.
The failed test was first noted by California Correction Heathcare Services. This provides medical care to inmates.
Data obtained by Uncommon’s law shows that positive drug tests in state prisons emerged on an average of around 6% each month, at around 6%. However, between April and July 2024, medical drug testing produced a positive result range of approximately 20%. According to the group, around one in eight tests in most prisons gave positive results.
Quest Diagnostics, the company that provided the incorrect testing, said that the incorrect results usually occurred after a temporary change in a reagent or chemical. The Food and Drug Administration approved alternatives are believed to have led to a higher positivity rate.
CDCR officials said they have notified inmates affected by the test via letters also included in electronic health records.
On October 18th, medical staff provided the parole board with additional training on drug screening use.
Despite ongoing reviews, some lawyers are still concerned that there may be other inmates affected by drug testing defects.
“A board review may not capture everyone affected by this, as it is not entirely clear how the board decides that a false positive decision will determine a parole decision,” Baker said in a statement. ” [Parole] The board has not addressed what will happen to people who have been affected by false positives but have not yet been heard. ”
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