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Effectiveness of drug testing requirements on pretrial supervision outcomes

Chelsea M.A. Foudray, Evan M. Lowder and David B. Wilson

Journal of Criminal Justice, 2025, vol. 97, issue C

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.

Keywords: Pretrial supervision; Drug testing; Community supervision; Pretrial policy; Pretrial (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:eee:jcjust:v:97:y:2025:i:c:s0047235225000352

DOI: 10.1016/j.jcrimjus.2025.102386

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