UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
IN RE: District of Kansas Policy for Reporting Positive Drug Tests for Persons on Probation or
Supervised Release
STANDING ORDER NO. 24-03
The U.S. Probation Office is only required to report positive drug tests to the Court when
there are more than three (3) positive tests over the course of one (1) year, when seeking a
modification of conditions, when seeking revocation of probation or supervised release, or when
given a specific directive by the Court in an individual case.
The Court has considered guidance at USSG § 7B1.2, which instructs a Grade C
violation shall be reported to the Court unless the officer determines 1) that such violation is
minor, and not part of a continuing pattern of violations; and 2) that non-reporting will not
present an undue risk to an individual or the public or be inconsistent with any directive of the
court relative to the reporting of violations.
On October 11, 2024, the board of Judges of the District of Kansas adopted this policy to
be used by the Probation Office for reporting positive drug tests by persons on probation or
supervised release. The Court believes this policy is not inconsistent with known statutory
codes, sentencing guidelines, or policy and procedures of the Probation Office.
This order shall remain in effect until further order of the Court.
IT IS SO ORDERED
Dated:
______________________________
_10/21/2024__________ Eric F. Melgren
Chief United States District Judge
