NEW YORK (WCBS 880) -- New York’s inspector general found that incarcerated people across the state were subjected to various discipline based on flawed drug testing that took place in 2019.
Inspector General Lucy Lang’s investigation found that sanctions ranging from solitary confinement to lengthened sentences and visitations revoked affected over 1,600 people and 2,500 records over an eight-month period.
“The fact that incarcerated New Yorkers were further deprived of their liberty without cause or due process is devastating,” said 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.”
Lang said preliminary positive results for the opioid buprenorphine were obtained without additional confirmation from more specific, alternate tests, as is required in the New York State Department of Corrections and Community Supervision (DOCCS).
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The report said DOCCS failed to properly investigate the spike in positives after implementing new tests or make corrections based on evidence that many were false positives.
According to Lang, test manufacturer Microgenics ultimately made efforts of those incarcerated challenging their charges more difficult by “providing false or misleading information about the tests’ reliability.”
DOCCS ended up informing the inspector general’s office of reliability issues in September 2019 after discontinuing use of the tests. In September and October, DOCCS reversed punishments due to the tests, including 140 who were put into solitary confinement.
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At the end of 2019, the IG’s office found similar flaws in testing for synthetic cannabinoids, and the department reversed all related discipline. DOCCS ended their contract with Microgenics shortly after.
Among those affected was an Upstate grandmother, whose positive test lost her visitation privileges and pushed her time of release back to the point she missed the birth of a grandchild, according to officials.