Pubdate: Wed, 19 May 2004
Source: Sun News (Myrtle Beach, SC)
Copyright: 2004 Sun Publishing Co.
Contact:  http://www.myrtlebeachonline.com/mld/sunnews/
Details: http://www.mapinc.org/media/987
Note: apparent 150 word limit on LTEs
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/topics/false+positive

DRUG-PATCH WEARERS COMPLAIN

Court's Testing Method In Question

GREENVILLE - Some Greenville County drug-court participants say a patch 
designed to test whether offenders have used drugs in the past two weeks is 
faulty.

Prosecutors say the patch works and if participants continue to question 
it, they might shut down the entire program meant to give drug offenders an 
alternative to prison.

Offenders in drug court must plead guilty to all the crimes they are 
charged with. Their sentences are suspended until they complete the 
18-month treatment program.

If they fail, they usually go to prison.

The so-called "sweat patch" is placed on the arm or back for seven to 14 
days. The patch is then sent to a lab, which tests for drugs including 
cocaine, heroin, methamphetamines and marijuana, prosecutor Betty Strom said.

But three people who might be kicked out of the program in part for testing 
positive to drugs said the results were false.

They have argued about the patch's reliability before a judge and asked to 
be let back into the program.

The manufacturer of the patch said it's been upheld by judges at the local, 
state and federal level.

Opponents said residue from drugs used by others can seep into the patch. 
They say urine tests might be more accurate.

But Strom said if someone uses drugs the day the patch is put on, it 
wouldn't show up on a urine test done two weeks later.

Since the drug court started using the patch, 910 have been applied and 57 
have tested positive, Strom said.

Of the 57, four people didn't admit to using drugs or their results weren't 
confirmed by another test, she said.

Carolyn Perkins, the mother of one of the men fighting the patch, said drug 
court has helped her 37-year-old son get off drugs.

She said she would hate to see him end up in prison because the patch was 
faulty.

"It is too unreliable to be relied on to take people's lives away from 
them,"Perkins said.

Participation in the program is voluntary and the drug court is fair, even 
with an occasional false-positive, because it provides the same 
opportunities to everyone, said Bob Arial, chief prosecutor for Greenville 
and Pickens counties.

"This is a program that serves criminals," he said. "These people are 
criminals first and drug addicts second. Therefore, when they go into the 
program, they do so through the grace of the solicitor's office and, in my 
view, they will follow whatever rules the program or the solicitor's office 
deems appropriate."
- ---
MAP posted-by: Thunder