National Preventive Mechanism
By comparison, in 2014 a total of 853 urine samples were subjected to a
confirming analysis. Of these, 162 samples, i.e. 19%, showed a creatinine
value that was too low – e.g. resulting from dilution –and therefore could no
longer be definitively interpreted.
Based on these analyses, saliva tests – unlike urine tests – have different
detection periods for certain substances. For example, the time period during
which lipophilic substances, such as cannabis and benzodiazepine, are
detectable is 6 to 30 days with urine but only 1 to 3 days with saliva. This
– chemical – effect for the first time allows the tester to distinguish between
recent consumption of these substances and consumption at a time farther
in the past.
Analysis
Whereas giving a urine sample while under observation results in a potential
invasion of privacy per se, basic rights are not affected by saliva testing. Not
only can the samples be taken with a simple pad, but they can be taken by
any prison employee regardless of the gender of the person to be tested and
there is no waiting time between drinking a liquid and urinating which had
to be included in the calculation.
Practicability
In the opinion of the Federal Ministry of Justice, there are disadvantages
as well as advantages in this regard: saliva testing, which costs about EUR
35 per test, is significantly more expensive than urine testing at about EUR
3.80 per test (for each parameter to be tested). Analysis results would often
be electronically transmitted to the correctional institutions on the day the
sample was given, but no later than the following day (pick-up of the test
strips was agreed upon individually by the laboratory and the correctional
institution). Unlike urine tests, the results of saliva tests are not determined
immediately afterwards.
Costs and validity
However, it must be conceded that the usual urine tests have only been
“quick tests” so far, which can weaken or strengthen a suspicion or provide
the basis for a suspicion. Only GC/MS analysis (gas chromatographic mass
spectrometry) of the urine medium can provide proof of the consumption of
narcotics.
Urine tests provide no
proof
According to the Federal Ministry of Justice, the high cost and the fact
that the testing results are not immediately available caused the ViennaFavoriten correctional institution to leave the pilot project, especially since
this correctional institution, as a therapy facility, has a high frequency of
testing. Nevertheless, the prison administration continues to have a positive
attitude toward the introduction of saliva tests Austria-wide based on the
results of the pilot project.
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