S T A T E O F N E W Y O R K
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2161--B
Cal. No. 600
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
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Introduced by Sens. BAILEY, BIAGGI, CARLUCCI, MYRIE, RIVERA, SALAZAR,
SEPULVEDA -- read twice and ordered printed, and when printed to be
committed to the Committee on Crime Victims, Crime and Correction --
reported favorably from said committee and committed to the Committee
on Finance -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading -- again amended and ordered reprinted,
retaining its place in the order of third reading
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 626
to read as follows:
§ 626. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01849-08-9
S. 2161--B 2
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.
(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)
S. 2161--B 3
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-SIX OF THIS CHAPTER
AND SUBMIT AN ANNUAL REPORT CONSISTENT WITH THE REQUIREMENTS OF SUBDIVI-
SION 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, TAKING INTO ACCOUNT LOCAL NEEDS AND
AVAILABLE RESOURCES. THESE PLANS MUST BE APPROVED BY THE COMMISSIONER
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(A) ALCOHOL, BENZODIAZEPINE, HEROIN AND OPIOID WITHDRAWAL MANAGEMENT;
(B) AT LEAST ONE FORMULATION OF EVERY FORM OF MEDICATION ASSISTED
TREATMENTS APPROVED FOR THE TREATMENT OF A SUBSTANCE USE DISORDER BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION NECESSARY TO ENSURE THAT EACH INDI-
VIDUAL PARTICIPATING IN THE PROGRAM RECEIVES THE PARTICULAR FORM FOUND
TO BE THE MOST EFFECTIVE AT TREATING AND MEETING THEIR INDIVIDUAL NEEDS.
THE COMMISSIONER MAY ALLOW JAILS A LIMITED EXEMPTION TO PROVIDING OPIOID
FULL AGONIST TREATMENT MEDICATIONS WHERE THE COMMISSIONER DETERMINES
THAT NO PROVIDERS THAT HAVE RECEIVED THE REQUIRED ACCREDITATION ARE
LOCATED WITHIN A REASONABLE DISTANCE OF THE FACILITY. JAILS THAT DO NOT
HAVE THE RESOURCES AVAILABLE TO MEET STANDARDS SET FORTH HEREIN MAY
APPLY TO THE COMMISSIONER FOR A LIMITED EXCEPTION ALLOWING SUCH JAIL TO
ENTER INTO AN AGREEMENT WITH A COMMUNITY- OR JAIL-BASED PROGRAM OFFERING
SUBSTANCE USE DISORDER TREATMENT AND TRANSITION SERVICES TO PROVIDE SUCH
SERVICES TO INDIVIDUALS IN SUCH JAILS. ANY SUCH DETERMINATION SHALL BE
REVIEWED ON A REGULAR BASIS;
(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, INCARCERATED INDIVIDUALS 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) EACH PARTICIPATING INCARCERATED INDIVIDUAL SHALL WORK WITH AN
AUTHORIZED SPECIALIST TO DEVELOP AN INDIVIDUALIZED TREATMENT PLAN,
INCLUDING AN APPROPRIATE LEVEL OF COUNSELING AND PLANNING FOR CONTINUITY
OF CARE UPON RETURN TO THE COMMUNITY.
S. 2161--B 4
(C) 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 INCARCERATED INDIVID-
UAL.
(D) PARTICIPATION IN THE MEDICATION ASSISTED TREATMENT PROGRAM SHALL
NOT BE UNREASONABLY WITHHELD FROM A QUALIFIED INCARCERATED INDIVIDUAL.
AN INCARCERATED INDIVIDUAL USING MEDICATION ASSISTED TREATMENT PRIOR TO
SUCH INDIVIDUAL'S INCARCERATION SHALL BE ELIGIBLE TO, UPON REQUEST BY
SUCH INDIVIDUAL, CONTINUE SUCH TREATMENT IN THE MEDICATION ASSISTED
TREATMENT PROGRAM FOR ANY PERIOD OF TIME DURING THE DURATION OF SUCH
INDIVIDUAL'S INCARCERATION.
(E) 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.
5. ANY JAIL-BASED SUBSTANCE USE DISORDER TREATMENT AND TRANSITION
SERVICES PROGRAM THAT IS ALREADY IN OPERATION AT THE TIME THIS ACT SHALL
HAVE BECOME LAW AND MEETS OR EXCEEDS THE STANDARDS SET FORTH IN THIS
SECTION SHALL BE DEEMED TO HAVE MET THE REQUIREMENTS OF SUBDIVISIONS ONE
AND TWO OF THIS SECTION. SUCH PROGRAMS SHALL CERTIFY ANNUALLY IN WRITING
TO THE COMMISSIONER THAT THEY HAVE MET OR EXCEEDED THE STANDARDS SET
FORTH HEREIN.
§ 4. 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.
