Pubdate: Mon, 28 Jun 2004
Source: Greenville News (SC)
Copyright: 2004 The Greenville News
Contact:  http://greenvillenews.com/
Details: http://www.mapinc.org/media/877

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.
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MAP posted-by: Jo-D