S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8774--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee  on  Correction in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the correction law, in relation to the establishment of
   a program for the use of medication assisted  treatment  for  inmates;
   and to amend the mental hygiene law, in relation to the implementation
   of substance use disorder treatment and transition services in jails
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  section  625
 to read as follows:
   §  625.  MEDICATION  ASSISTED TREATMENT IN CORRECTIONAL FACILITIES. 1.
 FOR PURPOSES OF  THIS  SECTION  "MEDICATION  ASSISTED  TREATMENT"  MEANS
 TREATMENT  OF  CHEMICAL  DEPENDENCE  OR ABUSE AND CONCOMITANT CONDITIONS
 WITH MEDICATIONS REQUIRING A PRESCRIPTION OR ORDER  FROM  AN  AUTHORIZED
 PRESCRIBING PROFESSIONAL.
   2.  (A) THE COMMISSIONER, IN CONJUNCTION WITH THE OFFICE OF ALCOHOLISM
 AND SUBSTANCE ABUSE SERVICES, SHALL ESTABLISH A PROGRAM TO  BE  ADMINIS-
 TERED AT CORRECTIONAL FACILITIES WITHIN THE DEPARTMENT IN THE STATE, FOR
 THE  PURPOSE  OF  EMPLOYING MEDICATION ASSISTED TREATMENT FOR INMATES IN
 SUCH FACILITIES WHO ARE UNDERGOING TREATMENT FOR A SUBSTANCE USE  DISOR-
 DER.  SUCH PROGRAM SHALL INCLUDE ALL FORMS OF MEDICATION ASSISTED TREAT-
 MENTS  APPROVED  FOR  THE  TREATMENT  OF A SUBSTANCE USE DISORDER BY THE
 FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE  DURATION  OF  AN  INMATE'S
 INCARCERATION  AND  SHALL  PROVIDE  AN INDIVIDUALIZED TREATMENT PLAN FOR
 EACH PARTICIPANT.  AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED
 TO SUFFER  FROM  A  SUBSTANCE  USE  DISORDER,  FOR  WHICH  FDA  APPROVED
 ADDICTION MEDICATIONS EXIST SHALL BE OFFERED PLACEMENT IN THE MEDICATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13428-12-8

 A. 8774--B                          2
 
 ASSISTED  TREATMENT  PROGRAM.  PLACEMENT  IN  SUCH  PROGRAM SHALL NOT BE
 MANDATORY. EACH PARTICIPATING  INMATE  SHALL  WORK  WITH  AN  AUTHORIZED
 SPECIALIST  TO  DETERMINE AN INDIVIDUALIZED TREATMENT PLAN, INCLUDING AN
 APPROPRIATE  LEVEL  OF COUNSELING.  DECISIONS REGARDING TYPE, DOSAGE, OR
 DURATION OF ANY MEDICATION REGIMEN SHALL BE MADE BY A  QUALIFIED  HEALTH
 CARE  PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW WHO IS AUTHORIZED TO ADMINISTER SUCH MEDICATION IN  CONJUNCTION
 WITH THE INMATE.
   (B) I. SUCH PROGRAM SHALL ALSO INCLUDE CONDITIONS FOR A REENTRY STRAT-
 EGY  FOR INMATES WHO HAVE PARTICIPATED IN MEDICATION ASSISTED TREATMENT.
 SUCH STRATEGY SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  PROVIDING  EACH
 PARTICIPATING  INMATE WITH INFORMATION ON AVAILABLE TREATMENT FACILITIES
 IN  THEIR  AREA,  INFORMATION  ON  AVAILABLE  HOUSING   AND   EMPLOYMENT
 RESOURCES,  AND  ANY  OTHER  INFORMATION  THAT WILL ASSIST THE INMATE IN
 CONTINUED RECOVERY ONCE RELEASED. SUCH PROGRAM  SHALL  ALSO  ASSIST  THE
 INMATE IN MEDICAID ENROLLMENT, PRIOR TO RELEASE.
   II.  SUCH  PROGRAM  SHALL  PROVIDE PARTICIPATING INMATES PREPARING FOR
 RELEASE FROM PRISON WITH A ONE-WEEK SUPPLY OF ANY NECESSARY  MEDICATION,
 WHERE  PERMISSIBLE  UNDER FEDERAL LAWS AND REGULATIONS TO CONTINUE THEIR
 MEDICATION ASSISTED TREATMENT IN AN EFFORT TO PREVENT RELAPSE.
   (C) REENTRY PLANNING AND COMMUNITY SUPERVISION SHOULD INCLUDE A COLLA-
 BORATIVE RELATIONSHIP BETWEEN CLINICAL AND PAROLE STAFF INCLUDING  SHAR-
 ING  OF  ACCURATE  INFORMATION  REGARDING  THE INMATE'S PARTICIPATION IN
 MEDICATION ASSISTED TREATMENT TO ENSURE THAT  THEIR  MEDICATION  IS  NOT
 DEEMED  ILLICIT  OR ILLEGAL. ADDITIONALLY, PROCEDURES SHALL BE DEVELOPED
 TO ASSIST ANY REENTRANT WHO COMMUNICATES A  RELAPSE  WITH  THEIR  PAROLE
 OFFICER  OR  WHO  FAILS  A  DRUG TEST, TO RECEIVE SUBSTANCE USE DISORDER
 SUPPORT IN LIEU OF ARREST AND/OR INCARCERATION.
   3. THE COMMISSIONER SHALL SUBMIT WITHIN ONE YEAR OF THE EFFECTIVE DATE
 OF THIS SECTION AND ANNUALLY THEREAFTER, A REPORT TO THE  GOVERNOR,  THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
 EFFECTIVENESS  OF THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION. SUCH
 REPORTS SHALL INCLUDE AN ANALYSIS OF THE IMPACT OF SUCH PROGRAM  ON  THE
 PARTICIPATING  INMATES,  INCLUDING FACTORS SUCH AS INSTITUTIONAL ADJUST-
 MENT, BEHAVIOR INFRACTIONS, REENTRY RATES, HIV AND  HEPATITIS  C  TREAT-
 MENT,  AND  PROGRAM  PARTICIPATION,  AMONG RELATED RELEVANT FACTORS. THE
 REPORTS SHALL ALSO  INCLUDE  THE  IMPACT  ON  INSTITUTIONAL  SAFETY  AND
 PERFORMANCE  AND  ANY  RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE ENACT-
 MENTS THAT MAY BE NEEDED OR REQUIRED TO IMPROVE OR ENHANCE  THE  PROGRAM
 AS DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER.
   4.  PARTICIPATION  IN  THE MEDICATION ASSISTED TREATMENT PROGRAM SHALL
 NOT BE WITHHELD FROM A QUALIFIED INMATE.  AN INMATE MAY ENTER INTO  SUCH
 PROGRAM  AT  ANY  TIME DURING HIS OR HER INCARCERATION.  AN INMATE USING
 MEDICATION ASSISTED TREATMENT PRIOR TO SUCH INMATE'S INCARCERATION SHALL
 BE ELIGIBLE TO, UPON REQUEST BY SUCH INMATE, CONTINUE SUCH TREATMENT  IN
 THE  MEDICATION ASSISTED TREATMENT PROGRAM FOR ANY PERIOD OF TIME DURING
 THE DURATION OF SUCH INMATE'S INCARCERATION.  NO PERSON SHALL BE  DENIED
 PARTICIPATION  IN  THE PROGRAM ON THE BASIS OF A POSITIVE DRUG SCREENING
 UPON ENTERING CUSTODY OR UPON INTAKE INTO THE  PROGRAM;  NOR  SHALL  ANY
 PERSON  RECEIVE A DISCIPLINARY INFRACTION FOR SUCH POSITIVE DRUG SCREEN-
 ING. NO PERSON SHALL BE REMOVED FROM, OR  DENIED  PARTICIPATION  IN  THE
 PROGRAM ON THE BASIS OF HAVING RECEIVED ANY DISCIPLINARY INFRACTION: (A)
 BEFORE  ENTRY  INTO  THE  PROGRAM;  OR  (B)  DURING PARTICIPATION IN THE
 PROGRAM.
   § 2. Section 45 of the correction law  is  amended  by  adding  a  new
 subdivision 18 to read as follows:

 A. 8774--B                          3
 
   18.  ESTABLISH  STANDARDS  AND  GUIDELINES FOR A PROGRAM OF MEDICATION
 ASSISTED TREATMENT FOR INMATES IN COUNTY JAILS AND/OR COUNTY CORRECTION-
 AL FACILITIES EQUIVALENT TO THE PROGRAM ESTABLISHED IN STATE CORRECTION-
 AL FACILITIES PURSUANT TO SECTION SIX HUNDRED TWENTY-FIVE OF THIS  CHAP-
 TER  AND  SUBMIT  AN  ANNUAL  REPORT CONSISTENT WITH THE REQUIREMENTS OF
 SUBDIVISION THREE OF SUCH SECTION.
   § 3.   The mental hygiene law is  amended  by  adding  a  new  section
 19.18-c to read as follows:
 § 19.18-C CORRECTIONS-BASED SUBSTANCE USE DISORDER TREATMENT AND TRANSI-
            TION SERVICES.
   1.  THE  COMMISSIONER,  IN CONSULTATION WITH LOCAL GOVERNMENTAL UNITS,
 COUNTY SHERIFFS, THE NEW YORK CITY DEPARTMENT OF CORRECTIONS  AND  OTHER
 STAKEHOLDERS, SHALL IMPLEMENT A JAIL-BASED SUBSTANCE USE DISORDER TREAT-
 MENT AND TRANSITION SERVICES PROGRAM THAT SUPPORTS THE INITIATION, OPER-
 ATION AND ENHANCEMENT OF SUBSTANCE USE DISORDER TREATMENT AND TRANSITION
 SERVICES FOR PERSONS WITH SUBSTANCE USE DISORDER WHO ARE INCARCERATED IN
 JAILS.
   2.  THE SERVICES TO BE PROVIDED BY SUCH PROGRAM SHALL BE IN ACCORDANCE
 WITH PLANS DEVELOPED  BY  PARTICIPATING  LOCAL  GOVERNMENTAL  UNITS,  IN
 COLLABORATION  WITH COUNTY SHERIFFS AND APPROVED BY THE COMMISSIONER AND
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) ALCOHOL, BENZODIAZEPINE, HEROIN AND OPIOID WITHDRAWAL MANAGEMENT;
   (B) ALL FORMS OF  MEDICATION  ASSISTED  TREATMENTS  APPROVED  FOR  THE
 TREATMENT  OF  A  SUBSTANCE  USE  DISORDER  BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION. DECISIONS REGARDING TYPE, DOSAGE,  OR  DURATION  OF  ANY
 MEDICATION REGIMEN SHALL BE MADE BY A QUALIFIED HEALTH CARE PROFESSIONAL
 LICENSED  OR  CERTIFIED  UNDER  TITLE  EIGHT OF THE EDUCATION LAW WHO IS
 AUTHORIZED TO ADMINISTER SUCH MEDICATION IN CONJUNCTION WITH THE INMATE;
   (C) GROUP AND INDIVIDUAL COUNSELING AND CLINICAL SUPPORT;
   (D) PEER SUPPORT;
   (E) DISCHARGE PLANNING; AND
   (F) RE-ENTRY AND TRANSITIONAL SUPPORTS.
   3. (A) AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED TO SUFFER
 FROM A SUBSTANCE USE DISORDER FOR WHICH  MEDICATION  ASSISTED  TREATMENT
 EXISTS  SHALL  BE OFFERED PLACEMENT IN THE MEDICATION ASSISTED TREATMENT
 PROGRAM. PLACEMENT IN SUCH PROGRAM SHALL NOT BE MANDATORY.
   (B) PARTICIPATION IN THE MEDICATION ASSISTED TREATMENT  PROGRAM  SHALL
 NOT  BE  UNREASONABLY  WITHHELD FROM A QUALIFIED INMATE. AN INMATE USING
 MEDICATION ASSISTED TREATMENT PRIOR TO SUCH INMATE'S INCARCERATION SHALL
 BE ELIGIBLE TO, UPON REQUEST BY SUCH INMATE, CONTINUE SUCH TREATMENT  IN
 THE  MEDICATION ASSISTED TREATMENT PROGRAM FOR ANY PERIOD OF TIME DURING
 THE DURATION OF SUCH INMATE'S INCARCERATION.
   (C) NO PERSON SHALL BE DENIED PARTICIPATION  IN  THE  PROGRAM  ON  THE
 BASIS  OF A POSITIVE DRUG SCREENING UPON ENTERING CUSTODY OR UPON INTAKE
 INTO THE PROGRAM; NOR SHALL ANY PERSON RECEIVE A DISCIPLINARY INFRACTION
 FOR SUCH POSITIVE DRUG SCREENING. NO PERSON SHALL BE  REMOVED  FROM,  OR
 DENIED  PARTICIPATION IN THE PROGRAM ON THE BASIS OF HAVING RECEIVED ANY
 DISCIPLINARY INFRACTION: (1) BEFORE  ENTRY  INTO  THE  PROGRAM;  OR  (2)
 DURING PARTICIPATION IN THE PROGRAM.
   4.  WITHIN AMOUNTS APPROPRIATED THEREFOR, FUNDING SHALL BE MADE AVAIL-
 ABLE PURSUANT TO CRITERIA ESTABLISHED BY THE OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE SERVICES IN CONSULTATION WITH LOCAL GOVERNMENTAL UNITS,
 WHICH SHALL TAKE INTO CONSIDERATION THE LOCAL  NEEDS  AND  RESOURCES  AS
 IDENTIFIED  BY  LOCAL  GOVERNMENTAL  UNITS, THE AVERAGE DAILY JAIL POPU-
 LATION, THE AVERAGE NUMBER OF PERSONS  INCARCERATED  IN  THE  JAIL  THAT

 A. 8774--B                          4
 
 REQUIRE SUBSTANCE USE DISORDER SERVICES AND SUCH OTHER FACTORS AS MAY BE
 DEEMED NECESSARY.
   §  4.    This  act  shall take effect on the one hundred twentieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made on or before such date.