Pubdate: Wed, 24 Mar 2004
Source: Times-Picayune, The (LA)
Copyright: 2004 The Times-Picayune
Contact:  http://www.nola.com/t-p/
Details: http://www.mapinc.org/media/848
Author: Steve Cannizaro St. Bernard/Plaquemines bureau

PARISH WANTS VIOLATORS CLEAN

Many Will Have To Take Drug Test To Get Bail

In an effort to stop drug use by people out on bond for drug-related or 
violent crime arrests, St. Bernard Parish authorities soon will require 
pretrial drug-testing as a condition of release for certain kinds of bail.

The program, authorized by state law, will begin April 15 in 34th Judicial 
District Court in Chalmette, according to judges and the Sheriff's Office. 
The drug-testing program will be administered through the parish's drug 
court, which was started last year.

"The program is designed to discourage offenders from continued unlawful 
use of drugs and to remain drug-free on bail," said state District Judge 
Robert Buckley, chief judge of 34th Judicial District Court. Buckley said 
it aims to "reduce repeat offenders and aid crime prevention while 
providing our drug court an opportunity to intervene with treatment, 
alternative referral and counseling for the drug user."

Several other parishes, including St. Tammany, use a similar program, 
judges said.

St. Bernard Parish sheriff's officials said a test for controlled 
substances would be administered at the parish prison as a condition for 
release on all types of bond except commercial surety or a cash deposit. 
That means people who want to get out of jail on property bonds, personal 
unsecured surety bonds or to be released on their own recognizance must 
agree to drug-testing, officials said.

A refusal to give consent disqualifies a person from being released on any 
type of bond except commercial surety bonds or cash deposit, officials said.

The defendant must pay for the drug tests, officials said.

If someone tests positive for drugs at the jail, they can still be released 
on bond but they must report to the drug court testing program for periodic 
drug-testing. Until they post three successive negative test results, they 
won't be released from the pretrial testing obligation, judges said.

If a defendant passes the drug test at the jail, no further pretrial 
drug-testing while on bail is necessary, officials said.

If a person tests positive for drugs while out on bond, that could add 
conditions to the bond, the judges said. Repeated violations would be 
subject to revocation of the bond.

The results of drug tests are confidential and are not public record, 
officials said.

St. Bernard's new drug court soon will be located next to the Parish 
Courthouse in the building that formerly housed the state driver's license 
offices.
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MAP posted-by: Beth Wehrman