S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3936
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
   relation  to data collected for medication assisted treatment programs
   at correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 626 of the correction law, as
 separately amended by chapters 147 and 486  of  the  laws  of  2022,  is
 amended to read as follows:
   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  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 institutional
 safety and performance and any recommendations for  additional  legisla-
 tive enactments that may be needed or required to improve or enhance the
 program as determined to be appropriate by the commissioner], ALONG WITH
 THE  STATE  COMMISSION OF CORRECTION, PROVIDE DATA NECESSARY TO COMPLETE
 THE REPORT REQUIRED BY SUBDIVISION (H) OF SECTION 19.07  OF  THE  MENTAL
 HYGIENE  LAW TO THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS.
   § 2. Subdivision (h) of section 19.07 of the mental  hygiene  law,  as
 separately  amended  by  chapters  322  and  494 of the laws of 2021, is
 amended to read as follows:
   (h) The office  of  addiction  services  and  supports  shall  monitor
 programs  providing  care  and treatment to incarcerated individuals WHO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02571-01-5
              

 A. 3936                             2
 
 HAVE A HISTORY OF ALCOHOL OR SUBSTANCE USE  DISORDER  OR  DEPENDENCE  in
 correctional  facilities  operated  by the department of corrections and
 community supervision [who have a history of alcohol  or  substance  use
 disorder  or  dependence]  AND  LOCAL  COUNTIES.   The office shall also
 develop guidelines for the operation of alcohol and substance use disor-
 der treatment programs in such correctional facilities,  based  on  best
 practices, and tailored to the nature of the individual's substance use,
 history  of  past  treatment,  and  history of mental illness or trauma,
 which may include harm reduction strategies, in  order  to  ensure  that
 such  programs  sufficiently  meet the needs of incarcerated individuals
 with a history of alcohol or substance use disorder  or  dependence  and
 promote  the  successful  transition  to treatment in the community upon
 release. No later than the first day  of  December  of  each  year,  the
 office IN COLLABORATION WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION AND THE STATE COMMISSION OF CORRECTION shall submit a report
 regarding:  (1)  the adequacy and effectiveness of alcohol and substance
 use  disorder  treatment  programs  operated  by   the   department   of
 corrections  and  community  supervision  AND  LOCAL COUNTIES, INCLUDING
 MEDICATION ASSISTED TREATMENT PROGRAMS AS ESTABLISHED BY SECTION 19.18-C
 OF THIS ARTICLE AND SECTION SIX HUNDRED  TWENTY-SIX  OF  THE  CORRECTION
 LAW; (2) the total number of incarcerated individuals AND THE DEMOGRAPH-
 IC INFORMATION OF SUCH INCARCERATED INDIVIDUALS INCLUDING RACE, ETHNICI-
 TY,  GENDER  AND  AGE  in  EACH  correctional [facilities that have been
 screened  for,  and  determined  to  have,  a  substance  use  disorder]
 FACILITY;  (3) information regarding which substances incarcerated indi-
 viduals are most OFTEN dependent upon and the  available  treatment  for
 such individuals within each correctional facility; (4) the total number
 of  individuals  who participate in each of the treatment programs oper-
 ated by the department of  corrections  and  community  supervision  AND
 LOCAL  COUNTIES;  [and]  (5) the total number of individuals who partic-
 ipated in a substance use  disorder  treatment  program  but  failed  to
 complete  such  program, as well as whether such failure to complete the
 program was a result  of  disciplinary  action  taken  by  the  facility
 against the individual for instances unrelated to their participation in
 the treatment program; AND (6) INFORMATION REGARDING MEDICATION ASSISTED
 TREATMENT  PROGRAMS OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION AND LOCAL COUNTIES, FOR  WHICH  ALL  INDICES  SHALL  BE
 BROKEN  DOWN BY RACE, ETHNICITY, GENDER AND AGE, AND WHICH SHALL INCLUDE
 THE FOLLOWING:
   (I) THE NUMBER OF INDIVIDUALS SCREENED AT EACH FACILITY  AND  AT  WHAT
 POINT  DURING SUCH INDIVIDUAL'S INCARCERATION THEY WERE SCREENED AND HOW
 MANY HAD AN EXISTING PRESCRIPTION FOR A MEDICATION  TO  TREAT  SUBSTANCE
 USE DISORDER BEFORE BECOMING INCARCERATED;
   (II)  THE  NUMBER  OF  INDIVIDUALS  DETERMINED TO HAVE A SUBSTANCE USE
 DISORDER THAT CAN BE TREATED WITH ONE  OF  THE  FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION (FDA) APPROVED MEDICATIONS AVAILABLE;
   (III) THE NUMBER OF INDIVIDUALS OFFERED SUCH MEDICATION;
   (IV)  THE  NUMBER OF INDIVIDUALS WHO ACCEPTED OR DECLINED SUCH MEDICA-
 TION AND THE REASON FOR REJECTION IF AVAILABLE;
   (V) THE MEDICATION TYPES USED, FOR  HOW  MANY  PEOPLE,  INCLUDING  THE
 AVERAGE  DOSAGE  AMOUNT  FOR  EACH  FORM OF MEDICATION FOR SUBSTANCE USE
 DISORDER USED;
   (VI) WHETHER AND AT WHAT POINT DOSAGES CHANGED, INCLUDING  FOR  PEOPLE
 WITH  EXISTING  PRESCRIPTIONS  FOR  A  MEDICATION TO TREAT SUBSTANCE USE
 DISORDER;
 A. 3936                             3
 
   (VII) THE REGULATORY STRUCTURE  USED  TO  PROVIDE  METHADONE  TO  EACH
 PATIENT  INCLUDING:  THE  NAME  OF  ANY COMMUNITY-BASED OPIOID TREATMENT
 PROGRAMS EACH FACILITY IS UTILIZING TO OBTAIN METHADONE AND THE DISTANCE
 FROM THE FACILITY, WHETHER THE FACILITY IS  OPERATING  AS  A  MEDICATION
 UNIT  OF  THE  OPIOID  TREATMENT PROGRAM, AND/OR WHETHER THE FACILITY IS
 PROVIDING METHADONE  DIRECTLY  BY  REGISTERING  WITH  THE  FEDERAL  DRUG
 ENFORCEMENT AGENCY AS A HOSPITAL AND/OR CLINIC;
   (VIII) THE NUMBER AND TYPES OF MEDICAL PROVIDERS ON STAFF TO PRESCRIBE
 BUPRENORPHINE  OR NALTREXONE AND THE NUMBER AND TYPES OF STAFF NEEDED TO
 ADMINISTER SUCH MEDICATIONS;
   (IX) THE TYPES AND DOSAGES OF  OPIOID  OVERDOSE  REVERSAL  MEDICATIONS
 STOCKED  AT  EACH FACILITY AND THE NUMBER OF TIMES IT WAS USED INCLUDING
 DATA ABOUT USAGE PRIOR TO  IMPLEMENTATION  OF  THE  MEDICATION  ASSISTED
 TREATMENT PROGRAM;
   (X) THE RATES OF OVERDOSE BY INCARCERATED INDIVIDUALS PRESCRIBED MEDI-
 CATIONS  FOR OPIOID USE DISORDER INCLUDING WHICH MEDICATION WAS USED FOR
 TREATMENT AND THE OVERALL RATES OF OVERDOSE IN EACH FACILITY BEFORE  AND
 AFTER IMPLEMENTATION OF THE MEDICATION ASSISTED TREATMENT PROGRAM;
   (XI)  THE  RATES  OF OTHER HEALTH ISSUES ASSOCIATED WITH SUBSTANCE USE
 DISORDER INCLUDING HIV, HEPATITIS C, AND MENTAL HEALTH DIAGNOSES;
   (XII) AN ANALYSIS OF THE IMPACT OF  SUCH  ALCOHOL  AND  SUBSTANCE  USE
 DISORDER  TREATMENT  PROGRAMS ON PARTICIPATING INCARCERATED INDIVIDUALS,
 INCLUDING INSTITUTIONAL ADJUSTMENT, BEHAVIOR INFRACTIONS,  AND  RE-ENTRY
 RATES,  AMONG  OTHER  RELEVANT FACTORS. SUCH ANALYSIS SHALL ALSO INCLUDE
 THE IMPACT ON INSTITUTIONAL SAFETY AND PERFORMANCE AND  ANY  RECOMMENDA-
 TIONS  FOR ADDITIONAL LEGISLATIVE ACTIONS THAT MAY BE NEEDED OR REQUIRED
 TO IMPROVE OR ENHANCE THE PROGRAM AS DETERMINED TO BE APPROPRIATE BY THE
 COMMISSIONER; AND
   (XIII) THE NUMBER OF INCIDENTS INVOLVING  ILLICIT  SUBSTANCES  IN  THE
 FACILITY  BEFORE  AND  AFTER THE INITIATION OF MEDICATIONS FOR SUBSTANCE
 USE DISORDER. The department of corrections  and  community  supervision
 AND  LOCAL  COUNTIES shall provide the office with information needed to
 complete this report. Such report shall be MADE AVAILABLE TO THE  PUBLIC
 ON  THE  OFFICE'S WEBSITE AND sent to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the  [chairman]  CHAIR-
 PERSON  of  the senate committee on crime victims, crime and correction,
 and the [chairman] CHAIRPERSON of the assembly committee on correction.
   § 3. This act shall take effect immediately.