S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7703
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 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  and  the  mental  hygiene  law,  in
   relation  to certain functions of the office of addiction services and
   supports, and to use of the  term  incarcerated  individuals;  and  to
   amend a chapter of the laws of 2021 amending the correction law relat-
   ing  to  the  establishment  of  a  program  for the use of medication
   assisted treatment for inmates; and amending the  mental  hygiene  law
   relating to the implementation of substance use disorder treatment and
   transition services in jails, as proposed in legislative bills numbers
   S. 1795 and A. 533, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 626 of the correction law, as added by a chapter of
 the laws of 2021 amending the correction law relating to the  establish-
 ment  of  a  program  for  the  use of medication assisted treatment for
 inmates; and amending the mental hygiene law relating to the implementa-
 tion of substance use disorder  treatment  and  transition  services  in
 jails,  as  proposed in legislative bills numbers S. 1795 and A. 533, is
 amended 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] ADDICTION  SERVICES  AND  SUPPORTS,  shall
 establish a program to be administered at correctional facilities within
 the  department  in  the  state, for the purpose of employing medication
 assisted treatment for [inmates] INCARCERATED INDIVIDUALS in such facil-
 ities who are undergoing treatment for a substance use disorder.    Such
 program  shall  include  all  forms  of  medication  assisted treatments
 approved for the treatment of a substance use disorder  by  the  Federal
 Food and Drug Administration for the duration of an [inmate's] INCARCER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00451-02-2
 S. 7703                             2
 
 ATED  INDIVIDUAL'S  incarceration  and  shall  provide an individualized
 treatment plan  for  each  participant.    After  a  medical  screening,
 [inmates]  INCARCERATED  INDIVIDUALS 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 partic-
 ipating [inmate] INCARCERATED INDIVIDUAL 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] INCARCERATED INDIVIDUAL.
   (b) i. Such program shall also include conditions for a reentry strat-
 egy for [inmates] INCARCERATED  INDIVIDUALS  who  have  participated  in
 medication  assisted  treatment. Such strategy shall include, but not be
 limited to, providing each participating [inmate] INCARCERATED  INDIVID-
 UAL  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]  INCARCERATED  INDIVIDUAL  in
 continued  recovery  once  released.  Such program shall also assist the
 [inmate]  INCARCERATED  INDIVIDUAL  in  Medicaid  enrollment,  prior  to
 release.
   ii.  Such  program  shall provide participating [inmates] INCARCERATED
 INDIVIDUALS preparing for release from prison with a one-week supply  of
 any necessary medication, where permissible under federal laws and regu-
 lations  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] INCARCERATED INDI-
 VIDUAL'S participation in medication assisted treatment to  ensure  that
 their  medication is not deemed illicit or illegal. Additionally, proce-
 dures 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] INCARCERATED INDIVIDUALS, including factors such
 as  institutional  adjustment,  behavior infractions, reentry rates, HIV
 and hepatitis C treatment,  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
 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  withheld  from a qualified [inmate] INCARCERATED INDIVIDUAL. An
 [inmate] INCARCERATED INDIVIDUAL may enter into such program at any time
 during his or her incarceration.   An [inmate]  INCARCERATED  INDIVIDUAL
 using medication assisted treatment prior to such [inmate's] INCARCERAT-
 ED INDIVIDUAL'S incarceration shall be eligible to, upon request by such
 [inmate] INCARCERATED INDIVIDUAL, continue such treatment in the medica-
 tion  assisted treatment program for any period of time during the dura-
 S. 7703                             3
 
 tion of such [inmate's] INCARCERATED  INDIVIDUAL'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  screening.  No  person  shall be removed from, or denied
 participation in the program on the basis of having received any  disci-
 plinary  infraction:  (a)  before  entry into the program; or (b) during
 participation in the program.
   § 2. Subdivision 18 of section 45 of the correction law, as added by a
 chapter of the laws of 2021 amending the correction law relating to  the
 establishment  of a program for the use of medication assisted treatment
 for inmates; and amending the mental hygiene law relating to the  imple-
 mentation of substance use disorder treatment and transition services in
 jails,  as  proposed in legislative bills numbers S. 1795 and A. 533, is
 amended to read as follows:
   18. Establish standards and guidelines for  a  program  of  medication
 assisted  treatment  for  [inmates]  INCARCERATED  INDIVIDUALS in county
 jails and/or county correctional facilities equivalent  to  the  program
 established  in  state  correctional  facilities pursuant to section six
 hundred twenty-six of this chapter and submit an annual report  consist-
 ent with the requirements of subdivision three of such section.
   §  3. Section 19.18-c of the mental hygiene law, as added by a chapter
 of the laws of 2021 amending the correction law relating to  the  estab-
 lishment  of  a program for the use of medication assisted treatment for
 inmates; and amending the mental hygiene law relating to the implementa-
 tion of substance use disorder  treatment  and  transition  services  in
 jails,  as  proposed in legislative bills numbers S. 1795 and A. 533, is
 amended to read as follows:
 § 19.18-c Corrections-based substance use disorder treatment and transi-
 tion services.
   1. [The] NOTWITHSTANDING ANY OTHER  PROVISION  OF  THIS  CHAPTER,  THE
 commissioner,  in  consultation  with  local  governmental units, county
 sheriffs, the New York city department of corrections and  other  stake-
 holders,  shall  implement a jail-based substance use disorder treatment
 and transition services program that supports the initiation,  operation
 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
 S. 7703                             4
 
 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.
   (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] ADDICTION SERVICES AND SUPPORTS  in  consulta-
 tion  with local governmental units, which shall take into consideration
 the local needs and resources as identified by local governmental units,
 the average daily jail population, the average number of persons  incar-
 cerated  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.  Section  505  of  the correction law is amended by adding a new
 subdivision 5 to read as follows:
   5. CORRECTIONS-BASED SUBSTANCE USE DISORDER TREATMENT  AND  TRANSITION
 SERVICES.  LOCAL  CORRECTIONAL  FACILITIES SHALL OPERATE A SUBSTANCE USE
 DISORDER TREATMENT AND TRANSITION SERVICES PROGRAM PURSUANT  TO  A  PLAN
 S. 7703                             5
 
 APPROVED  BY  THE  COMMISSIONER  OF THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS IN ACCORDANCE WITH SECTION 19.18-C OF THE MENTAL HYGIENE LAW.
   §  5.  Section  4  of  a  chapter  of  the  laws  of 2021 amending the
 correction law relating to the establishment of a program for the use of
 medication assisted treatment  for  inmates;  and  amending  the  mental
 hygiene  law  relating  to  the implementation of substance use disorder
 treatment and transition services in jails, as proposed  in  legislative
 bills numbers S. 1795 and A. 533, is amended to read as follows:
   § 4. This act shall take effect [on the one hundred twentieth day] ONE
 YEAR  after it shall have become a law. Effective immediately, the addi-
 tion, 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.
   § 6. This  act  shall  take  effect  immediately;  provided,  however,
 sections  one, two, three, and four of this act shall take effect on the
 same date and in the same manner as a  chapter  of  the  laws  of  2021,
 amending  the  correction law relating to the establishment of a program
 for the use of medication assisted treatment for inmates;  and  amending
 the  mental  hygiene law relating to the implementation of substance use
 disorder treatment and transition services  in  jails,  as  proposed  in
 legislative bills numbers S. 1795 and A. 533, takes effect.