Effectiveness of drug testing requirements on pretrial supervision outcomes

Abstract

Pretrial reform advocates have argued for the implementation of evidence-based pretrial strategies. However, proposed reform efforts primarily focus on risk-management strategies, rather than strategies to address criminogenic needs. Pretrial supervision agencies commonly rely on drug testing as a compliance-based strategy to monitor illicit substance use. Existing research on pretrial drug testing, however, is limited and dated. We conducted a retrospective non-equivalent comparison group study, using propensity score matching and instrumental variable analysis, to examine the effect of pretrial drug testing on pretrial supervision outcomes. Findings from a matched sample of 291 defendants ordered to pretrial drug testing and 748 defendants not ordered to pretrial drug testing showed drug testing increased the odds of pretrial failure (OR = 1.78; ME = 0.47). Although the instrumental variable analysis was limited by a small sample size and a weak instrument, findings were consistent in direction and magnitude with weighted models. Our findings suggest drug testing may not be a suitable mechanism to advance the goals of pretrial supervision, though our findings were limited to a single jurisdiction. Instead, pretrial agencies may need to consider using drug testing as a mechanism of determining progress and guiding conversations with defendants on supervised pretrial release.