LOS ANGELES, CA – Hundreds of state parole hearings are under review by the California Department of Corrections and Rehabilitation (CDCR) after California Correctional Health Care Services discovered faulty drug tests may have wrongly denied incarcerated individuals a chance at parole, according to the Los Angeles Times.
Citing data obtained by UnCommon Law, the Times reported that between April and July 2024, the percentage of positive drug tests in California prisons spiked to about 20%—a sharp increase from the typical monthly average of 6%.
The report further noted that nearly 6,000 tests conducted during that period are believed to have produced false positives. In response, attorneys for the Board of Parole Hearings are now reviewing individual case files to identify people who may be entitled to reconsideration. Those denied parole due to faulty results “could be owed a new hearing before the parole board,” the Times stated. The ongoing review will assess whether parole denials were supported by substantial evidence beyond the drug test alone.
While the CDCR has not released specifics, it confirmed that information will be provided once the review concludes. UnCommon Law, a nonprofit advocacy group representing parole-seekers, estimates the review encompasses at least 459 parole hearings, along with dozens of administrative reviews and petitions to advance hearing dates.
California Correctional Health Care Services provides medical care for the state’s incarcerated population and works closely with individuals in the Medication-Assisted Treatment (MAT) program. According to the Times, all of the cases under review involve participants in this program who were denied parole or early hearing petitions. MAT programs use medication to assist individuals dealing with substance use disorders.
The Times also reported that these drug tests—distributed throughout California’s 31 prisons—were included in individuals’ medical files as part of their treatment. While such tests are not used to discipline individuals, parole board members have access to these medical records and may consider them during hearings.
That practice has sparked privacy concerns. Some advocates argue medical files—especially those involving treatment—should not influence parole decisions. The Times noted that these records can contain incomplete or misleading information, especially without context or explanation from medical professionals.
UnCommon Law attorneys echoed these concerns, warning that drug test results used for medical care, particularly the faulty ones, are not subject to verification through follow-up tests. The Times observed that this lack of oversight may discourage incarcerated individuals from seeking treatment for addiction.
UnCommon Law’s Senior Policy Manager Su Kim and staff attorney Natasha Baker voiced their concerns in interviews with the Times. Kim criticized the parole board’s use of medical records without scientific or expert medical guidance. Baker added that the potential impact of these flawed results remains an ongoing concern: “We need to closely monitor the review process and ensure that the Board takes the necessary steps to mitigate the impact of these faulty records,” she said.
The Times also reported that Quest Diagnostics, the company responsible for the flawed tests, attributed the false positives to a temporary change in the reagent—the chemical used in the testing process.
In response to the discovery, CDCR has begun notifying affected individuals through official letters, which will also be added to their electronic health records. In October 2024, the Board of Parole received additional training from medical staff, who clarified that the drug tests are intended solely for medical purposes—not disciplinary or evaluative use in parole proceedings.
Still, concerns remain. As the Times noted, the current review may not capture the full extent of the harm caused by the faulty tests, including impacts on individuals whose hearings have yet to occur.
