* § 72-a. Community treatment facilities. 1. Transfer of eligible
incarcerated individual. Notwithstanding the provisions of section
seventy-two of this chapter, any incarcerated individual confined in a
correctional facility who is an "eligible incarcerated individual" as
defined by subdivision two of section eight hundred fifty-one of this
chapter and has been certified by the office of alcoholism and substance
abuse services as being in need of substance abuse treatment and
rehabilitation may be transferred by the commissioner to a community
treatment facility.

2. Designation of facilities. A community treatment facility shall be
designated by the commissioner of the office of alcoholism and substance
abuse services and the commissioner. Such facility shall be operated by
a provider or sponsoring agency that has provided approved residential
substance abuse treatment services for at least two years duration.

3. Operating standards. The commissioner, after consultation with the
commissioner of the office of alcoholism and substance abuse services,
shall promulgate rules and regulations which provide for minimum
standards of operation, including but not limited to the following:

(a) provision for adequate security and protection of the surrounding
community;

(b) adequate physical plant standards;

(c) provisions for adequate program services, staffing, and record
keeping; and

(d) provision for the general welfare of the incarcerated individuals.

4. Community supervision. The department shall provide for the
provision of community supervision services. All incarcerated
individuals residing in a community treatment facility shall be assigned
to parole officers for supervision. Such parole officers shall be
responsible for providing such supervision.

5. Reports. The department and the division of substance abuse
services shall jointly issue quarterly reports including a description
of those facilities that have been designated as community treatment
facilities, the number of incarcerated individuals confined in each
facility, a description of the programs within each facility, and the
number of absconders, if any, as well as the nature and number of
re-arrests, if any, during the individual's period of community
supervision. Copies of such reports, as well as copies of any inspection
report issued by the department or the commission of correction shall be
sent to the director of the budget, the chairman of the senate finance
committee, the chairman of the senate crime and correction committee,
the chairman of the assembly ways and means committee and the chairman
of the assembly committee on codes.

6. Reimbursement. (a) The commissioner, in consultation with the
commissioner of the office of alcoholism and substance abuse services,
shall enter into an agreement with the office of alcoholism and
substance abuse services whereby the office of alcoholism and substance
abuse services will contract with community treatment facilities for
provision of services pursuant to this section within amounts made
available by the department. Each contract shall provide for frequent
visitation, inspection of the facility, and enforcement of the minimum
standards and shall authorize the supervision of incarcerated
individuals residing in a community treatment facility by parole
officers.

(b) The commissioner shall promulgate rules and regulations specifying
those costs related to the general operation of community treatment
facilities that shall be eligible for reimbursement. Such eligible costs
shall not include debt service, whether principal or interest, or costs
for which state or federal aid or reimbursement is otherwise available.
Such rules and regulations shall be subject to the approval of the
director of the budget.

(c) The department shall not contract for provision of services to
more than fifty incarcerated individuals at any one facility.

(d) At least thirty days prior to final approval of any such contract,
a copy of the proposed contract shall be sent to the director of the
budget, the chairman of the senate finance committee, the chairman of
the senate crime and correction committee, the chairman of the assembly
ways and means committee, and the chairman of the assembly committee on
codes.

* NB Expires September 1, 2025