Resource: Investigation of New York State Department of Corrections and Community Supervision Incarcerated Individual Drug Testing Program

On September 19, 2019, the New York State Department of Corrections and Community Supervision (DOCCS) informed the Offices of the New York State Inspector General that its newly acquired incarcerated individuals drug testing system might be falsely indicating positive results when testing for the opioid buprenorphine. This drug testing system was procured by DOCCS from the Microgenics Corporation (Microgenics) and installed in DOCCS’ facilities beginning in January 2019. From January through August 2019, incarcerated individuals found to have positive drug test results at a disciplinary hearing received significant—and in some cases ultimately undeserved—punishments that jeopardized their rehabilitation and release, including: • Solitary confinement in a Special Housing Unit (SHU)3 • Confinement to one’s cell (keeplock) • Delays in parole eligibility • Loss of privileges including receipt of packages, commissary, and telephone use • Loss of access to prison rehabilitation programs • Loss of “good time” and family visitation rights • Missed scheduled parole interviews Further, disciplinary matters concerning drug use can adversely affect Board of Parole decisions and the granting of parole.