NY State Senate Bill 2017-S8914A

Senate Bill S8914A

2017-2018 Legislative Session

Relates to the establishment of a program for the use of medication assisted treatment for inmates

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	print number 8914a
Jun 06, 2018	amend (t) and recommit to rules
Jun 04, 2018	referred to rules

Bill Amendments

Original

A (Active)

2017-S8914 - Details

See Assembly Version of this Bill:: A8774
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Add §625, amd §45, Cor L; add §19.18-c, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2161, A833
2021-2022: S1795, A533

2017-S8914 - Summary

Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements; substance use disorder treatment and transition services implemented in jails.

2017-S8914 - Sponsor Memo

                                
 
BILL NUMBER: S8914

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the correction law, in relation to the
establishment of a program for the use of medication assisted treatment
for inmates

 
PURPOSE:

This bill would allow inmates with certain substance use disorders the
opportunity to participate in a medication assisted treatment program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the correction law by adding a new section 625.

Section two amends section 45 of the correction law by adding a new
subdivision 18.

Section three amends the mental hygiene law by adding a new section
19.18-c.

Section four sets forth the effective date.

 
JUSTIFICATION:

Medication assisted treatment, MAT, is an effective treatment option for
those struggling with opioid addiction. The treatment uses FDA-approved
medications, along with forms of counseling and therapy to help people
be more successful on their path to recovery.  Throughout the recovery
process, many people struggle with strong cravings to use again, some-
times causing them to relapse. The medications and therapies used in MAT
programs have the ability to reduce or remove these cravings while
blocking the euphoric effect of opioids, normalizing body functions, and
stabilizing one's brain chemistry.

New York State correctional facilities do not currently have extensive
MAT programs, despite more than half of inmates diagnosed with a
substance use disorder. With a large number of inmates overdosing upon
release from correctional facilities, it is essential that we provide
inmates with treatment to overcome their addictions while in prison and
jail. Medication assisted treatment in our correctional facilities has
the ability to reduce recidivism, reduce fatal drug overdoses and reduce
the transmission of infectious diseases.

This bill would require the commissioner of the New York State Depart-
ment of Corrections and Community Supervision and the chairman of the
New York State Commission of Corrections to establish a medication
assisted treatment program at all state correctional facilities and
local jails. This program will be voluntary and offered to eligible
inmates who are facing an opioid addiction and will include the use of
medications such as methadone, buprenorphine and naltrexone combined
with an appropriate level of counseling. The positive effects of these
medications are well-documented, and by offering a medication assisted
treatment program in our correctional facilities we will better set
these individuals up for success upon their release.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATION:

Undetermined.

 
EFFECTIVE DATE:
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 is authorized to be made on or before
such date.

2017-S8914 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8914
 
                             I N  S E N A T E
 
                               June 4, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to the establishment  of
   a program for the use of medication assisted treatment for inmates
 
   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  THE
 USE  OF PRESCRIBED MEDICATIONS INCLUDING, BUT NOT LIMITED TO, METHADONE,
 BUPRENORPHINE AND NALTREXONE, COMBINED WITH  COUNSELING  AND  BEHAVIORAL
 THERAPIES,  AS  A  COMPREHENSIVE  APPROACH  TO  THE  TREATMENT OF OPIOID
 ADDICTION.
   2. THE COMMISSIONER SHALL ESTABLISH A PROGRAM TO  BE  ADMINISTERED  AT
 CORRECTIONAL FACILITIES IN THE STATE, FOR THE PURPOSE OF EMPLOYING MEDI-
 CATION  ASSISTED TREATMENT FOR INMATES IN SUCH FACILITIES WHO ARE UNDER-
 GOING TREATMENT FOR OPIOID ADDICTION. SUCH PROGRAM SHALL INCLUDE  ACCESS
 TO  METHADONE,  BUPRENORPHINE  AND  NALTREXONE  FOR  THE  DURATION OF AN
 INMATE'S INCARCERATION.   AFTER A MEDICAL  SCREENING,  INMATES  WHO  ARE
 DETERMINED  TO  SUFFER FROM OPIOID ADDICTION, SHALL BE OFFERED PLACEMENT
 IN THE MEDICATION ASSISTED TREATMENT PROGRAM. PLACEMENT IN SUCH  PROGRAM
 SHALL  NOT  BE  MANDATORY.  SUCH PROGRAM SHALL INCLUDE WEEKLY COUNSELING
 SESSIONS FOR PARTICIPATING INMATES.
   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, AND  PROGRAM  PARTICIPATION,  AMONG  RELATED
 RELEVANT  FACTORS. THE REPORTS SHALL ALSO INCLUDE THE IMPACT ON INSTITU-
 TIONAL SAFETY AND PERFORMANCE AND  ANY  RECOMMENDATIONS  FOR  ADDITIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13428-11-8

 S. 8914                             2

 LEGISLATIVE  ENACTMENTS  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 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.  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:
   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. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.

2017-S8914A (ACTIVE) - Details

See Assembly Version of this Bill:: A8774
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Add §625, amd §45, Cor L; add §19.18-c, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2161, A833
2021-2022: S1795, A533

2017-S8914A (ACTIVE) - Summary

2017-S8914A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8914A

SPONSOR: BAILEY
 
PURPOSE:

This bill would allow inmates with certain substance use disorders the
opportunity to participate in a medication assisted treatment program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the correction law by adding a new section 625.

Section two amends section 45 of the correction law by adding a new
subdivision 18.

Section three amends the mental hygiene law by adding a new section
19.18-c.

Section four sets forth the effective date.

 
JUSTIFICATION:

Medication assisted treatment, MAT, is an effective treatment option for
those struggling with opioid addiction. The treatment uses FDA-approved
medications, along with forms of counseling and therapy to help people
be more successful on their path to recovery.  Throughout the recovery
process, many people struggle with strong cravings to use again, some-
times causing them to relapse. The medications and therapies used in MAT
programs have the ability to reduce or remove these cravings while
blocking the euphoric effect of opioids, normalizing body functions, and
stabilizing one's brain chemistry.

New York State correctional facilities do not currently have extensive
MAT programs, despite more than half of inmates diagnosed with a
substance use disorder. With a large number of inmates overdosing upon
release from correctional facilities, it is essential that we provide
inmates with treatment to overcome their addictions while in prison and
jail. Medication assisted treatment in our correctional facilities has
the ability to reduce recidivism, reduce fatal drug overdoses and reduce
the transmission of infectious diseases.

This bill would require the commissioner of the New York State Depart-
ment of Corrections and Community Supervision and the chairman of the
New York State Commission of Corrections to establish a medication
assisted treatment program at all state correctional facilities and
local jails. This program will be voluntary and offered to eligible
inmates who are facing an opioid addiction and will include the use of
medications such as methadone, buprenorphine and naltrexone combined
with an appropriate level of counseling. The positive effects of these
medications are well-documented, and by offering a medication assisted
treatment program in our correctional facilities we will better set
these individuals up for success upon their release.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
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 is authorized to be made on or before
such date.

2017-S8914A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8914--A
 
                             I N  S E N A T E
 
                               June 4, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13428-13-8

 S. 8914--A                          2
 
   (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:
   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:

 S. 8914--A                          3
 
 § 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
 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.

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