Community supervision conditions are a set of rules individuals must follow while under community supervision, such as probation or parole. Often judges and/or probation agencies set conditions related to alcohol and drug use. This can include one or all of the following conditions: abstain from substances, submit to urinalysis testing at the request of the probation officer (PO) or on a regular basis determined by the PO, and enroll- and participate in substance use treatment.

These conditions have become a mainstay of supervision rules because of the scale of substance use disorder among individuals involved in the criminal legal system. However, sometimes judges and probation agencies set these conditions as blanket conditions, even for individuals who do not have a known substance use disorder (SUD) or do not have an underlying drug offense conviction. Yet, there is no evidence to suggest relying on drug testing, even among individuals without a known substance use disorder, improves successful completion of community supervision. Instead, much of the research suggests an over reliance of testing can contribute to worse outcomes, even among individuals without a substance us disorder. This is specially true for Black, Latine, and other racially minoritized individuals who disproportionately experience testing compared to their white peers, even without a formal substance use disorder diagnoses.

Funded by Arnold Ventures, JSP is conducting a randomized control trial across three sites: Idaho Department of Correction, Brazoria County (TX) Community Supervision and Corrections Department (CSCD), and Court Services and Offender Supervision Agency for the District of Columbia (CSOSA), to evaluate the effectiveness of not using drug testing. In this incredibly unique study, JSP is evaluating the absence of a traditional community supervision practice to understand the degree drug testing, especially for individuals without a known substance use disorder, creates an unnecessary barrier to successful completion of community supervision.

This study provides powerful insight for the engaged sites and the larger field of community supervision and may hold promise for directly enhancing equity especially among racially minoritized individuals who often experience over testing.