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Wednesday, March 08, 2006

Ind. Courts - Judge halts jailings in drug test dispute

Or, "More on debate over mouth swabs." The Munster (NW Indiana) Times yesterday reported, in a story by Bob Kasarda:

VALPARAISO | Porter Circuit Court Judge Mary Harper has decided to play it safe until the debate over the reliability of the county's oral drug tests is settled.

Harper informed the county probation department Monday that it should no longer automatically send offenders from her court to jail if they test positive with an oral test for cocaine use while on home detention.

The change will remain in place until the validity of the tests is determined, she said. * * *

The probation department and the local Great Lakes Lab have defended the validity of the tests in the face of concerns raised by numerous defense attorneys and their clients.

The county's six judges are considering taking the unique step of hosting a shared hearing in hope of addressing the concerns.

Cheryl Polarek, Porter County deputy prosecutor, said Harper is the first judge in the county to suspend the standing arrest warrants in response to the controversy.

For background, see this ILB entry from Feb. 16th titled "Judge clears way for challenge to oral drug tests," and this one from March 2nd concerning a "loophole discovered in drug test cases."

Posted by Marcia Oddi on March 8, 2006 11:41 AM
Posted to Indiana Courts