DRUG TEST SAMPLES SWITCHED

ADDICTS in Australia's first Drug Court program were given several days
notice of drug tests allowing them to swap urine samples, a report has
revealed. Serious flaws in the compulsory drug testing procedures allowed
addicts to regulate their drug intake to avoid detection, the NSW Bureau of
Crime Statistics and Research has found.

The bureau's report on the first year of the NSW Drug Court said the urine
testing problems meant it was unable to evaluate how many in the $10million
program remained drug-free.

Under the Drug Court program, participants must submit to drug testing to
ensure they are complying with the conditions set by the court.

But testing of addicts was not random, allowing them to substitute samples
of "clean" urine with their drug-contaminated sample, according to the
report.

"... as a result, participants have had the opportunity to substitute urine
samples or regulate their drug use so that they do not get caught," the
report states.

"This is unfortunate as it means the evaluation now lacks any reliable
direct indicator of the effect of the Drug Court in curbing illicit drug
use."

Senior Drug Court judge Gay Murrell emphasised that neither of the two
offenders who yesterday completed the court program had taken drugs while on
the program.

Director of Public Prosecutions solicitor attached to the Drug Court,
Johanna Phellis, yesterday admitted there had been problems with the urine
testing procedures.

"We will be making some changes into the way we collect urine samples. That
has been a big issue for us," Ms Phellis said.

"It looks like bringing that responsibility back to the court and employing
people specifically to do that rather than have agencies collect the samples
for us."

Mobile urine testing units have since been introduced and testing procedures
at methadone clinics and residential treatment programs have been reviewed.

Attorney-General Jeff Shaw said the reliability of drug testing at the Drug
Court was "concerning" and said the Government was taking measures to ensure
the integrity of the program was maintained.

"Consideration is being given to setting up a mobile collection facility to
allow for samples to be collected in conditions of security and
supervision," Mr Shaw said.

"The Health Department has asked participating methadone clinics to review
their procedures for the supervision of sample collection in order to reduce
the possibility of substitution."

Since the Drug Court began its trial last February, 261 offenders have been
placed on programs, of which 93 were removed after breaching the terms of
their rehabilitation.