A SENSIBLE SOLUTION

A Drug Court ruling has saved the 'sweat patch.' Judge Charles Simmons
injected common sense in the dispute over whether the drug-detecting "sweat
patch" was reliable enough to punish drug offenders enrolled in a
diversionary program that has rescued dozens of addicts from prison. It's a
ruling that probably saved the Greenville County Drug Court program from
significant change, if not termination.

Thirteenth Circuit Solicitor Bob Ariail saw the challenge to the patch as a
surrender of authority that would ultimately make the program less
effective. Drug Court has a sterling track record of allowing drug addicts
to conquer their dependencies through rigid oversight and sure punishment
for violating the rules. Ariail argues that challenges like the ones lodged
by three Drug Court enrollees could erode the authority of what is, by
necessity, a tough program. He was unwilling to make substantial changes.

Thanks to the ruling he won't have to. Judge Simmons ruled that the more
sensitive patch is guilty only of upholding the intent of Drug Court, which
is to monitor drug use and activity in an effort to make Drug Court
enrollees drug free. He rejected the defense that the patch should be
thrown out because it could cause someone who has been in the presence of
drugs - but not necessarily a participant in drug use - to test positive.
Being in the presence of drug activity is a violation of Drug Court that
often results in expulsion. Therefore, Simmons ruled, the sweat patch
doesn't violate anyone's rights. Simmons also demanded other forms of tests
to back-up the patch.

In the end, it means Drug Court remains a strict program, the reliability
of drug testing is enhanced and Greenville County maintains an innovative
program that has served it well.