The California Department of Corrections and Rehabilitation (CDCR) is currently reviewing hundreds of parole hearings. This review focuses on inmates who were denied parole due to potentially faulty drug tests. Between April and July of last year, nearly 6,000 drug tests conducted 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 deserve a second chance at parole hearings. If it turns out that an inmate’s denial was based on a faulty test result, they could be entitled to a new hearing. CDCR spokesperson Emily Humpal emphasized that the review will check if there was enough evidence to justify the denial of parole without considering the positive drug screening.
The review process is already underway, but CDCR officials have not disclosed specific numbers regarding how many hearings are being reassessed or if any have already been rescheduled. However, representatives from UnCommon Law, a nonprofit that advocates for inmates, revealed that the review involves at least 459 parole hearings, along with additional administrative reviews.
The spike in false positives raised concerns among attorneys after they received records indicating that the rate of positive drug tests had jumped significantly during the specified months. The California Board of Parole is also looking into 75 administrative denials and 56 requests from inmates to advance their parole hearings.
These drug tests are part of treatment programs for inmates dealing with substance abuse issues. While prison staff are prohibited from using test results for disciplinary actions, the results are accessible to parole board members, which has raised privacy concerns among advocates. Some argue that such medical records should not influence parole decisions, as they may not accurately reflect an inmate’s behavior.
The faulty tests were first identified by the California Correctional Health Care Services. Quest Diagnostics, the company responsible for the tests, acknowledged that a temporary change in the chemical reagent used in the tests led to the increased false positivity rates.
As part of the response, CDCR is notifying affected inmates through letters that will also be added to their electronic health records. Additional training for parole board staff regarding the appropriate use of drug screenings has also been provided.
Despite these steps, concerns remain about the potential impact of these faulty tests on inmates who have not yet had their hearings. Attorneys are worried that the review might not capture all those affected by the false positives, leaving some inmates without recourse. The situation highlights ongoing issues within the prison system, especially regarding the reliance on drug tests that may not accurately reflect an inmate’s rehabilitation progress.