S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1795
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY,  BIAGGI,  KAPLAN, KRUEGER, MYRIE, PARKER,
   RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00451-01-1

 S. 1795                             2
 
 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:
   18.  ESTABLISH  STANDARDS  AND  GUIDELINES FOR A PROGRAM OF MEDICATION
 ASSISTED TREATMENT FOR INMATES IN COUNTY JAILS AND/OR COUNTY CORRECTION-

 S. 1795                             3
 
 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.
   (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.

 S. 1795                             4
 
 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.