Inspector General Investigation Determines Hundreds of Incarcerated New Yorkers Denied Due Process and Endured Severe Punishments
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Open in new tab ALBANY, N.Y. – New York State Inspector General Lucy Lang announced today that incarcerated people across New York State were subjected to internal penalties including solitary confinement, had their sentences lengthened, parole hearings delayed, family visitation privileges revoked, and suffered other punishments based upon a highly flawed drug testing program between January and August 2019 administered by the New York State Department of Corrections and Community Supervision (DOCCS).
The Inspector General’s investigation found that these sanctions, which impacted more than 1,600 people during that eight-month period, were based upon preliminary positive results for the presence of the opioid buprenorphine, without obtaining confirmation by more specific alternative tests as was required by the instructions provided by the manufacturer, Microgenics Corporation. DOCCS then failed to properly investigate the reason for a significant spike in positive test results after the implementation of the new tests or take prompt corrective action upon being presented with scientific evidence that many of the results were false positives. The investigation also found that representatives from Microgenics frustrated the efforts of the incarcerated people who attempted to challenge their charges at administrative hearings by providing false or misleading information about the tests’ reliability.
DOCCS informed the Office of the Inspector General (OIG) of the potential reliability issue on September 19, 2019, after it had already discontinued use of the test to screen for buprenorphine. Between September 11, 2019 and October 22, 2019, DOCCS reviewed and reversed the punishments of those individuals found guilty of violations based on buprenorphine tests, including the release of 140 individuals from internal confinement. On November 5, 2019, after receiving preliminary results of OIG’s investigation, DOCCS ceased imposing penalties based on any positive drug tests results using Microgenics systems without first confirming those results using a more specific method and outside laboratory. On December 31, 2019, as a result of OIG finding similar flaws in DOCCS’ testing for synthetic cannabinoids, DOCCS agreed to reverse and expunge all related disciplinary dispositions. On January 15, 2020, DOCCS terminated its contract with Microgenics. On February 22, 2021, DOCCS resumed its Incarcerated Individual Drug Testing Program after acquiring another drug testing vendor. DOCCS also revised its Urinalysis Testing Policy to require that “all initial positive test results will be sent to the outside laboratory for confirmation testing.”
“The fact that incarcerated New Yorkers were further deprived of their liberty without cause or due process is devastating,” said Inspector General Lang. “While those individuals who were aggrieved by this flawed testing program cannot get back the time or liberties that were unjustifiably taken from them, I am encouraged that DOCCS has taken steps to rectify these injustices and recognized that the use of solitary confinement as a potential sanction for drug use disciplinary violations should be prohibited. My office will continue to diligently monitor this program to ensure that the reforms outlined in our report continue to be implemented. I am proud of the incredibly thorough work done by members of my office to not only find out what happened here, but how it happened, and how to ensure that it never happens again. We owe more to community members in our state facilities.”
Source: The Office of the New York State Inspector General