The California Department of Corrections and Rehabilitation (CDCR) is currently reviewing a significant number of parole hearings. This review focuses on inmates who may have been denied parole due to faulty drug tests. Between April and July of last year, nearly 6,000 drug tests in California prisons are believed to have produced false positives, particularly for opioids.
Attorneys for the Board of Parole are examining inmate files to identify those who might need to be reconsidered for parole. If it is found that any inmates were denied parole solely based on these faulty tests, they could be granted a new hearing. CDCR officials stated that the review aims to determine if there is enough evidence to justify the denial of parole without considering the positive drug screening.
The review has already begun, and it will assess at least 459 parole hearings, along with numerous administrative reviews and denials. The California Board of Parole is also looking into 75 administrative denials and 56 petitions from inmates requesting earlier parole hearings. All cases under review involve inmates who participated in the CDCR’s Medical Assistant Treatment Program, a program designed to help those struggling with substance abuse.
The spike in positive drug test results raised concerns among advocates and legal representatives. Data revealed that the average monthly rate of positive opiate tests was around 6%, but during the specified period, it surged to roughly 20%. This alarming increase prompted scrutiny of the drug tests used, which were provided by Quest Diagnostics. The company acknowledged that a temporary change in the chemical reagent used in the tests likely led to the inaccurate results.
CDCR is notifying affected inmates through letters, which will also be added to their electronic health records. Additionally, CDCR medical staff have provided training to the Board of Parole on the correct use of drug screenings, emphasizing that these tests should only serve medical purposes.
While the review is a step in the right direction, some attorneys express concerns that not all affected inmates may be accounted for. The Board has not clarified how it determines whether false positives influenced parole decisions, leaving uncertainty for those who have yet to have their hearings.
Advocates argue that using inconclusive drug tests in parole hearings is problematic. They believe it undermines scientific evidence and expert medical guidance. They worry it could discourage inmates from seeking necessary medical treatment for addiction, especially amid an ongoing overdose crisis in state prisons.
As the review continues, the CDCR has yet to disclose how many hearings have been rescheduled or the total number of cases being evaluated. More information is expected once the review is complete.