States are required to make a good faith effort to comply with the spirit of the law and demonstrate that they are testing, treating, and sanctioning offenders, as appropriate to circumstances within the State. Both the Byrne and the RSAT programs are administered by the same agency within the State. The agency has been designated by the Governor and is generally the criminal justice planning office, or it may be placed within the Attorney General's Office, the State Police, or similar department within State government. Although States are encouraged to implement drug testing, sanctions, and treatment for appropriate offenders throughout their criminal justice system, these drug testing requirements apply only to adult offenders while they are incarcerated in State prisons and following release into the community while they continue to be under the custody or supervision of the State. The drug tests should screen for several drugs that are most commonly used by the population being tested.
Specific drugs are more prevalent in different parts of the country.
Use of alcohol is often a more serious problem in correctional settings than other drugs. Therefore, States are encouraged to include alcohol in their program of drug testing, sanctions, and treatment. There should be a response to every positive test. The response could include one or more available sanctions or treatment options. Research has shown that aftercare in the community is an important part of any treatment program.