Save Lives at Intake
Fatal drug overdose is the fastest growing cause of death in jails, with the median time served before a drug or alcohol-related death being just one day.¹ Many of these overdoses are caused when individuals ingest drugs during arrest, either to try and conceal evidence or to get “one last hit” before being booked in. A person is not fit for confinement if they enter jail and die from overdose within 24 hours — but how can we know if they don’t tell us at intake?
Implement intake drug testing
Facilities should be working to identify and treat individuals for substance use issues before booking them into the jail. Some jails have attempted to curb overdose and contraband by implementing intake methods to find and confiscate drug contraband.
*Immunity for possession prior to entering the booking area is intended to prevent drugs from entering the jail. The deal is that a person can willingly turn over any illegal substances prior to intake without additional charges, but past that point they will be charged appropriately.
**Immunity may deter people from stowing drugs to conceal evidence, however the individual who wants that last hit may have already ingested them during their arrest. Ultimately, a person struggling with addiction may attempt to conceal drugs anyway if it means an opportunity to use later.
While a step in the right direction, these methods offer no way to identify if overdose intervention is appropriate. Cutting down on contraband helps prevent overdose after intake but does little to intervene in the moment. During these first critical hours, that may mean the difference between life and death. Implement intake drug testing.
Advocate for immunity
Drug testing on arrest (DToA) has been in place in the United Kingdom since 2003 and has been shown to reduce drug use and drug-related arrests.⁴ Since 2021, over 90% of positive tests in the UK have resulted in referrals for assessment to determine treatment. Of those referrals, over half went on to receive treatment.⁵ By contrast, only 10% of people with diagnosed substance use disorders in U.S. state prisons received treatment in
2021.⁶ This doesn’t even factor in the many incarcerated individuals with undiagnosed substance use issues. The purpose of drug testing at intake is to save lives by connecting people to treatment.
Implementing drug testing at intake would allow for immediate intervention and targeted support based on the amount and type of substances found in a test. It is often a condition of bond to submit to drug testing already, however positive tests can lead to additional charges or probation/parole violations. These deterrents act as barriers to people seeking addiction care in the jail. Similar to how contraband can be handed over prior to intake, drug testing can be implemented before booking to determine if a person is fit for confinement or if medical intervention is appropriate before continuing.
For drug testing at intake to be effective, there should be immunity for positive tests. Drug testing may be done by a nurse at intake or pre-intake determine appropriate care, and the result treated as protected health information (PHI) under HIPAA. This would not prevent the records from being subpoenaed against the individual, however, and additional legislation will be key to ensuring that proper immunity is granted to individuals seeking life-saving addiction care in jail. Advocate for immunity with parole boards and courts when drug testing is conducted to save lives at intake.
For more information, please contact training@sparktraining.us.
1. Wang, L. (2021). “Rise in jail deaths is especially troubling as jail populations become more rural and more female.” Prison Policy Initiative, https://www.prisonpolicy.org/blog/2021/06/23/jail_mortality/.
2. Hunt, D., Kling, Ryan, Almozlino, Y., et al. (2015). “Telling the Truth About Drug Use: How Much Does It Matter?” Journal of Drug Issues, 45(3), 314-329, https://doi.org/10.1177/0022042615589406.
3. Police Grants Help (2018). “How to fund drug detection and interdiction equipment for prisons and jails.” Corrections1, https://www.corrections1.com/corrections-grants/articles/how-to-fund-drug-detection-and-interdiction-equipment-for-prisons-and-jails-xrg0yNsJvjd1zefU/.
4. Egan, P. (2023). “Michigan prison officers protest new strip-search policy for transgender inmates.” Detroit Free Press, https://www.mco-seiu.org/wp-content/uploads/2023/11/11.16.23-DFP-MDOC-officers-protest-new-strip-search-policy-for-transgender-inmates.pdf.
5. Ministry of Justice (2017). “The effect on drug and alcohol treatment on re-offending”. Gov.UK, https://www.gov.uk/government/publications/the-effect-of-drug-and-alcohol-treatment-on-re-offending.
6. Home Office (2024). “Summary: Drug Testing on Arrest (DToA) programme.” Gov.UK, https://www.gov.uk/government/publications/drug-testing-on-arrest-dtoa-programme-data/drug-testing-on-arrest-dtoa-programme-data#fn:1.
Disclaimer
All materials have been prepared for general information purposes only. The information presented should be treated as guidelines, not rules. The information presented is not intended to establish a standard of medical care and is not a substitute for common sense. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Each situation should be addressed on a case-by-case basis. When in doubt, send them out!®