Pubdate: Wed, 25 Feb 2009 Source: Chicago Tribune (IL) Copyright: 2009 Chicago Tribune Company Contact: http://drugsense.org/url/IuiAC7IZ Website: http://www.chicagotribune.com/ Details: http://www.mapinc.org/media/82 Author: Art Barnum Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) DUPAGE COUNTY CRACKING DOWN ON DRUG TEST CHEATS 10 Charged Last Year With Defrauding Screenings-a Felony Under State Law DuPage County is getting tough on drug offenders who try to cover up continued drug use by cheating on court-ordered screenings. Last year, 10 people were indicted on felony charges of defrauding a drug screening, which under a 2004 state law carries a minimum fine of $1,000 and a prison term of up to 3 years tacked onto a sentence. Officials say offenders use a variety of methods to sneak "clean" urine into test rooms, including a $150 prosthetic penis device. DuPage County officials seized four Whizzinators last year, even as the federal government prosecutes the manufacturers of the devices. Random drug testing is ordered for people convicted of various drug charges to ensure they stay drug-free during probation. The probation department administers about 9,000 tests each year, with the first one often given the day of conviction. Substance abusers often have relapses, so probation officials have some leeway in deciding what to do if a test shows drug use. Some defendants may be ordered to undergo extra tests or counseling, but a person who is a repeat offender or has a long criminal history could be resentenced on a probation violation or face new charges. "We don't want to give up on them," DuPage County State's Atty. Joseph Birkett said, "but there has to be consequences. If probation is going to be meaningful, we have to be tough." Nine of the 10 people charged with defrauding drug tests last year were men. In addition to the four accused of using the Whizzinator, three were accused of using condoms filled with someone else's urine and three with using plastic bottles or bags to sneak in a drug-free sample. Three of the 10 were sent to prison-two for a year and one for 3 years-and three had their probation extended. The other cases are pending. "These are kids and they are scared," said George Kallas, a former DuPage County prosecutor who now is a defense attorney. "They know they are hot [have drugs in their system] and they know their efforts are stupid, but they are afraid and ignorant of the law." Birkett lays some of the blame on the Internet. "This type of information spreads like wildfire. Years back, people thought they could beat a DUI test by chewing a certain type of gum. Someone is always trying to beat these tests," he said. To try to stop fraud, DuPage County for the last 10 years has required that urine samples be given "eyes on." A technician stands alongside the person being tested and either directly or by way of a concave mirror watches a vial being filled. "Offenders have been trying to defeat drug tests as long as they have been tested," said Diane Kincaid, a spokesman for the American Probation and Parole Association. "The Whizzinator is a bit more technical than most, but if an officer is vigilant enough it won't work. No one likes to watch as someone uses the bathroom but if this device is suspected, extra supervision can easily defeat it." The Whizzinator became the brunt of jokes in recent years when former Minnesota Vikings running back Onterrio Smith was discovered at an airport with the device, resulting in his suspension. Tom Sizemore, an actor with a history of drug abuse problems, was caught using one. The device, which has a bladder that holds a rehydrated, drug-free urine sample close to the body to achieve the proper temperature, is designed to simulate urination. The device also is sold with warming packs, but suburban probation officials have reported samples being too warm because they were kept too long under clothes or next to a warming pack. Samples also have been too cold because water was added from a drinking fountain. The Whizzinator once was sold on a Web site that featured testimonials from people who said they had successfully used it to cheat a drug test. But in November, officials with the California manufacturer pleaded guilty in U.S. District Court in Pittsburgh to charges the product had defrauded the government. Sentencing is set for later this month, and the firm's Web site has been shut down. The device appears to still be available on other sites, though some refer to it as a sex toy and state that the seller does not endorse illegal use of the product. Robert McEllin, a supervisor with the DuPage County probation department, said technicians are not easily fooled, but he can't say they never have been. "We believe our system has taken into account possible scams and we are confident we are getting real results," he said. "To a trained technician, the Whizzinator just looks fake. They have observed so many." He said the department's goal is to help drug abusers overcome their addictions. - --- MAP posted-by: Richard Lake