**T H E B R O O K L Y N T R E A T M E N T C O U R T**

THE A,B,C.\' S OF DRUG TESTING

Brooklyn Treatment Court participants are expected to be drug and
alcohol free. The Court monitors compliance with the mandate through
case management visits, drug testing, and court appearances. Case
managers and a drug-testing laboratory are located in the Treatment
Center, Room 14.85 of the Kings County Supreme Court Building at 320 Jay
Street.

WHY TEST FOR DRUGS?

There are several purposes for drug testing. Drug tests help to identify
those persons who are addicts and the drugs to which they are addicted.
Knowing the particular drug addiction aids case managers in developing
an appropriate treatment plan that meets the needs of the individual.
Drug tests also confirm when someone is clean, demonstrating compliance
with the court mandate. The desire to be acknowledged by the Court for
progress in recovery is a powerful incentive to alter behavior.

By detecting the presence of drugs, drug tests reveal the effectiveness
of a particular course of treatment and can disclose the need for a more
structured level of care. A positive test can be an opportunity for an
addict to learn what triggers a relapse and to take responsibility for
the choice to use drugs.

FREQUENCY AND MANNER OF TESTING

Brooklyn Treatment Court participants are tested prior to each court
appearance, each time they visit their case manager, and during visits
to their treatment provider. Ideally, drug tests should be random to
avoid a participant's planning of drug use around testing. However,
frequent testing can substitute for the inability to test randomly. All
collections of urine must be observed by a same sex collector in order
to ensure that the donor is not attempting to substitute or adulterate
the specimen. The BTC Band System details how often a participant is
required to be tested. Reducing the frequency of testing can be a
valuable reward.

REFUSAL OR FAILURE TO REPORT FOR TESTING

Whenever a BTC participant enters the Treatment Center, for any reason,
he or she is required to submit to a drug test. Each person is expected
to be ready to submit a urine sample for testing within an hour and a
half of arrival. Anytime a BTC participant refuses to be tested or
cannot give a urine sample during a BTC visit, it is considered to be a
positive test result. Participant who are unable to submit a urine
sample during a court appearance must return to the Treatment Center
after their case is called to submit a sample. If a sample is not
submitted, it is considered to be a positive test result. A participant
who tests positive or fails to submit a sample for testing must return
to BTC the next day for a new test.

**[DRUG RETENTION TIMES]{.underline}**

To understand how recently a participant used drugs, it is necessary to
know a drug's retention time. The retention time, or the length of time
a drug is in an individual's system and able to be detected, varies
based on the drug used, the individual's metabolism and physical
condition, the frequency of drug use, and the amount of drug consumed.
Following is a list of the retention times of the most commonly used
drugs.

1.  Cocaine, Heroin (opiates), Benzodiazepine are generally excreted
    within 3 days or 72 hours after ingestion (A positive test for
    heroin or cocaine two days in a row counts as single positive test).

2.  Amphetamines are generally excreted within 2 days or 48 hours after
    ingestion.

3.  Ethyl Alcohol (Alcohol) is detectable in urine 1 to 24 hours after
    consumption.

4.  Marijuana (THC/Cannabinoids) excretion times vary depending on many
    factors, such as metabolic rate, physical condition, frequency of
    urination, fluid intake, as well as frequency and duration of prior
    use. Variations occur exclusively with marijuana and not other drugs
    because the body stores THC in adipose (fat) tissue and slowly
    releases it back into the bloodstream. It is possible to test
    negative one day and positive a day or two later without having used
    the substance. All participants who test positive for THC at their
    assessment are initially allowed a one-time 30-day period to
    completely excrete the THC. The average amount of time prior a
    person may test positive after the cessation of marijuana use is as
    follows:

Occasional smoker (1x week): 3 - 5 days

Moderate smoker: (4x a week): 5 - 10 days

Heavy smoker (daily): 10 - 15 days

Chronic (daily use over several months): 20 - 25 days

TESTING TECHNOLOGY

The Brooklyn Treatment Court tests urine samples using the ETS Plus EMIT
Immunoassay Analyzer, which is a screening test to detect the presence
of a drug, not the amount of drug present. A positive test is simply a
confirmation that the drug (or its by-product) is present in the urine
sample. It does not indicate the participant's level of impairment, how
recent the use was, or the amount of drug consumed. To test for the
presence of drugs, immunoassays use antibodies that specifically bind to
drugs and their metabolites (the chemical compounds that result after
the body has metabolized a drug) in urine and other fluids.

The instrument is set at specific cutoff levels, which are quantitative
values regarding the amount of drug present in a specimen, above which
the test reads positive and the particular drug is presumed present.
Cutoff concentration values have been developed by professionals in
forensic toxicology. The cutoff value for workplace testing is usually
different from that for testing of defendants for criminal justice. BTC
also tests for creatinine, pH balance, and nitrates in the urine to
insure the validity of the samples collected. If a urine sample tests
positive, the sample is tested again to confirm the results.

LEGAL AUTHORITY

The highest court of the State of New York has held that positive EMIT
test results, when confirmed by a second EMIT test or its equivalent,
are sufficiently reliable to constitute substantial evidence to support
a determination of drug use ([see]{.underline} [Matter of Lahey v.
Kelly]{.underline}, 71 NY2d 135).

RELIABILITY

The reliability of drug tests is in large part a function of the
integrity and accuracy of the testing procedures. All urine samples are
taken under the observation of a Brooklyn Treatment Court staff member,
which significantly reduces the opportunity for tampering. Additionally,
the testing machine is calibrated daily and all maintenance protocols
are followed.

CHALLENGES TO ACCURACY OF TEST RESULTS

Under no circumstance will a participant be allowed to submit a "new"
specimen on a claim of lab error. If a participant wishes to challenge
the accuracy of the test, the challenge must be made within 24 hours of
the submission of the sample. All positive samples are maintained in the
BTC laboratory for a period of 24 hours after which they are discarded.
Participants must immediately contact their attorneys to discuss a
challenge to the test results.

CROSS REACTIVITY

Some medications with similar chemical structures may produce positive
results. For instance, Tylenol with Codeine will produce a positive
result for opiates (codeine is a morphine derivative). Behring has
provided Brooklyn Treatment Court with a cross reactivity guide and
24-hour technical assistance. If a client provides a prescription or
verifiable proof of a medical treatment involving medication that has
the potential to produce a positive result, the test will be recorded as
compliant.

SECOND HAND SMOKE

A positive test result due to the passive inhalation of second-hand
marijuana smoke is not feasible given the conditions necessary to
produce the 50 ng/ml level at which Brooklyn Treatment Court tests. In
various studies on passive inhalation, positive results have occurred
where individuals were exposed to the smoke of 4 to 16 marijuana
cigarettes in an extremely small, sealed, unventilated area for one hour
a day over the course of several days. The conditions were extremely
uncomfortable, causing watering of the eyes and irritation to the mucous
membrane of the nose and throat. The few positive results were detected
at the 20 ng/ml level, which is the most sensitive testing level. The
only study where results were detectable at the 50 or 100 ng/ml level
were a product of hour long exposure in the above sealed conditions to
16 cigarettes over 6 consecutive days. According to most studies, all
positive test results are the result of extreme situations. It is highly
unlikely that the extreme conditions necessary to produce ANY positive
test (even at the lowest testing cutoff level of 20 ng/ml) could be
encountered in a real-life situation without, at least, the tacit
consent of the person. Accordingly, in the unlikely event that such
extreme circumstances could occur, it is the participant's
responsibility to remove him or herself from that situation.

POPPY SEEDS

It is possible to test positive for opiates after having consumed poppy
seeds. Poppy seeds contain trace amounts of opium, which, like heroin,
is derived from the poppy plant. Research measuring the amount of seeds
necessary to produce a positive result is varied.

To resolve the issue, participants must avoid consuming poppy seeds. If
a participant insists a positive result is due to poppy seeds, that
person will be asked to produce another urine sample the next day.

**[TAMPERING: SUBSTITUTION, DILUTION, ADULTERATION]{.underline}**

A "substituted" specimen is when something other than the participant's
urine has been submitted as the collected sample or a liquid is added to
the collected specimen. A "diluted" specimen is when an individual has
intentionally ingested high levels of liquid in order to decrease the
concentration and make it difficult for the lab to identify any drugs
that might be present. An "adulterated" specimen is when an individual
has introduced a foreign substance into the collected sample to
intentionally disguise drugs in the urine. All collections of urine at
Brooklyn Treatment Court are carefully observed by a same sex collector
in order to reduce the possibility of tampering. Tampering is detectable
by observing the color and odor of the sample, and by measuring its
temperature, pH balance, specific gravity, and creatinine.

If a participant is caught tampering with the test by substituting
something for the sample or adulterating the sample, he or she will be
required to report immediately to the courtroom to see the Judge.
Tampering with a drug test is a sanctionable offense.

If a participant is believed to have diluted the sample by water
loading, a one-time warning will be given to avoid drinking excessive
quantities of water prior to reporting to BTC. The participant will be
required to return the next day for a new test. Any subsequent dilutions
will be deemed tampering and treated as a sanctionable offense.

**DRUG TESTING REGULATIONS**

1\. Each time a BTC participant enters the Treatment Center, he or she
is required to submit a urine sample for testing within an hour and a
half of arrival.

2\. Any participant who tests positive or fails to submit a sample for
testing must return to BTC within three days to be tested.

3\. If a participant wishes to challenge the accuracy of a test result,
the challenge must be made with 24 hours of the submission of the
sample. All positive samples are maintained in the BTC laboratory for 24
hours. Participants must immediately contact their attorneys to discuss
a challenge to the test results.

4\. If a client tests positive and maintains that the result is caused
by prescribed medicine, he or she must provide a prescription or
verifiable proof of medical treatment involving a medication that has
the potential to produce a positive result.

5\. Given that only extreme situations of second-hand smoke produce a
positive result for THC, a positive test resulting from passive
inhalation is not realistic without awareness by the client. It is the
client's responsibility to remove him or herself from that situation.

6\. Participants must avoid poppy seeds. If a person insists a positive
result is due to poppy seeds, that person will be given a one-time
warning and asked to produce another urine sample the next day.

7\. If a participant is caught tampering with the test by substituting
something for the sample or adulterating the sample, he or she will be
required to report immediately to the Court. Tampering with a drug test
is a sanctionable offense.

8\. If a participant is believed to have diluted the sample by water
loading, a one-time warning will be given to avoid drinking excessive
quantities of water prior to reporting to BTC. The participant will be
required to return the next day for a new test. Any subsequent dilution
will be deemed tampering and treated as a sanctionable offense.

TOXICOLOGY PROTOCOL

Drug testing should not be viewed solely as a punitive measure, but also
as an incentive and

as a means of supporting our clients.

It is important that every participant wash his or her hands before
providing a urine sample.

This practice will eliminate the potential for objects to be hidden
under fingernails that could

contaminate the urine sample.

To ensure that the treatment staff is able to observe participants
without distraction as they

provide urine samples, they will be taken into a bathroom one at time.
There will be no

talking while urine collection is in progress.

**Observing Males** -- The aim of direct observation is to visualize the
penis producing urine

into the cup.

**Observing Females** -- For females suspected of hiding urine
containers in bodily orifices, we

will require them to stop their urine flow mid-stream and then begin
urinating again.

While still in the restroom and after the participant has provided the
sample, a temperature

reading will be obtained for all samples.