DUPAGE COUNTY CRACKING DOWN ON DRUG TEST CHEATS

10 Charged Last Year With Defrauding Screenings-a Felony Under State
Law

DuPage County is getting tough on drug offenders who try to cover up
continued drug use by cheating on court-ordered screenings.

Last year, 10 people were indicted on felony charges of defrauding a
drug screening, which under a 2004 state law carries a minimum fine of
$1,000 and a prison term of up to 3 years tacked onto a sentence.

Officials say offenders use a variety of methods to sneak "clean"
urine into test rooms, including a $150 prosthetic penis device.
DuPage County officials seized four Whizzinators last year, even as
the federal government prosecutes the manufacturers of the devices.

Random drug testing is ordered for people convicted of various drug
charges to ensure they stay drug-free during probation. The probation
department administers about 9,000 tests each year, with the first one
often given the day of conviction.

Substance abusers often have relapses, so probation officials have
some leeway in deciding what to do if a test shows drug use. Some
defendants may be ordered to undergo extra tests or counseling, but a
person who is a repeat offender or has a long criminal history could
be resentenced on a probation violation or face new charges.

"We don't want to give up on them," DuPage County State's Atty. Joseph
Birkett said, "but there has to be consequences. If probation is going
to be meaningful, we have to be tough."

Nine of the 10 people charged with defrauding drug tests last year
were men. In addition to the four accused of using the Whizzinator,
three were accused of using condoms filled with someone else's urine
and three with using plastic bottles or bags to sneak in a drug-free
sample. Three of the 10 were sent to prison-two for a year and one for
3 years-and three had their probation extended. The other cases are
pending. "These are kids and they are scared," said George Kallas, a
former DuPage County prosecutor who now is a defense attorney. "They
know they are hot [have drugs in their system] and they know their
efforts are stupid, but they are afraid and ignorant of the law."

Birkett lays some of the blame on the Internet. "This type of
information spreads like wildfire. Years back, people thought they
could beat a DUI test by chewing a certain type of gum. Someone is
always trying to beat these tests," he said.

To try to stop fraud, DuPage County for the last 10 years has required
that urine samples be given "eyes on." A technician stands alongside
the person being tested and either directly or by way of a concave
mirror watches a vial being filled.

"Offenders have been trying to defeat drug tests as long as they have
been tested," said Diane Kincaid, a spokesman for the American
Probation and Parole Association. "The Whizzinator is a bit more
technical than most, but if an officer is vigilant enough it won't
work. No one likes to watch as someone uses the bathroom but if this
device is suspected, extra supervision can easily defeat it."

The Whizzinator became the brunt of jokes in recent years when former
Minnesota Vikings running back Onterrio Smith was discovered at an
airport with the device, resulting in his suspension. Tom Sizemore, an
actor with a history of drug abuse problems, was caught using one.

The device, which has a bladder that holds a rehydrated, drug-free
urine sample close to the body to achieve the proper temperature, is
designed to simulate urination.

The device also is sold with warming packs, but suburban probation
officials have reported samples being too warm because they were kept
too long under clothes or next to a warming pack. Samples also have
been too cold because water was added from a drinking fountain.

The Whizzinator once was sold on a Web site that featured testimonials
from people who said they had successfully used it to cheat a drug
test. But in November, officials with the California manufacturer
pleaded guilty in U.S. District Court in Pittsburgh to charges the
product had defrauded the government. Sentencing is set for later this
month, and the firm's Web site has been shut down.

The device appears to still be available on other sites, though some
refer to it as a sex toy and state that the seller does not endorse
illegal use of the product.

Robert McEllin, a supervisor with the DuPage County probation
department, said technicians are not easily fooled, but he can't say
they never have been.

"We believe our system has taken into account possible scams and we
are confident we are getting real results," he said. "To a trained
technician, the Whizzinator just looks fake. They have observed so
many."

He said the department's goal is to help drug abusers overcome their
addictions.