Bill Text: NY A00833 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements; substance use disorder treatment and transition services implemented in jails.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [A00833 Detail]

Download: New_York-2019-A00833-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           833
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by  M.  of  A.  L. ROSENTHAL,  COOK, SIMON, LAVINE, DICKENS,
          TAYLOR, D'URSO, SEAWRIGHT, GOTTFRIED, ARROYO, RIVERA, CRESPO  --  read
          once and referred to the Committee on 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:
     1    Section 1. The correction law is amended by adding a new  section  625
     2  to read as follows:
     3    §  625.  Medication  assisted treatment in correctional facilities. 1.
     4  For purposes of  this  section  "medication  assisted  treatment"  means
     5  treatment  of  chemical  dependence  or abuse and concomitant conditions
     6  with medications requiring a prescription or order  from  an  authorized
     7  prescribing professional.
     8    2.  (a) The commissioner, in conjunction with the office of alcoholism
     9  and substance abuse services, shall establish a program to  be  adminis-
    10  tered at correctional facilities within the department in the state, for
    11  the  purpose  of  employing medication assisted treatment for inmates in
    12  such facilities who are undergoing treatment for a substance use  disor-
    13  der.  Such program shall include all forms of medication assisted treat-
    14  ments  approved  for  the  treatment  of a substance use disorder by the
    15  Federal Food and Drug Administration for the  duration  of  an  inmate's
    16  incarceration  and  shall  provide  an individualized treatment plan for
    17  each participant.  After a medical screening, inmates who are determined
    18  to suffer  from  a  substance  use  disorder,  for  which  FDA  approved
    19  addiction medications exist shall be offered placement in the medication
    20  assisted  treatment  program.  Placement  in  such  program shall not be
    21  mandatory. Each participating  inmate  shall  work  with  an  authorized
    22  specialist  to  determine an individualized treatment plan, including an
    23  appropriate level of counseling.  Decisions regarding type,  dosage,  or
    24  duration  of  any medication regimen shall be made by a qualified health
    25  care professional licensed or certified under title eight of the  educa-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01849-01-9
        A. 833                              2
     1  tion  law who is authorized to administer such medication in conjunction
     2  with the inmate.
     3    (b) i. Such program shall also include conditions for a reentry strat-
     4  egy  for inmates who have participated in medication assisted treatment.
     5  Such strategy shall include, but  not  be  limited  to,  providing  each
     6  participating  inmate with information on available treatment facilities
     7  in  their  area,  information  on  available  housing   and   employment
     8  resources,  and  any  other  information  that will assist the inmate in
     9  continued recovery once released. Such program  shall  also  assist  the
    10  inmate in Medicaid enrollment, prior to release.
    11    ii.  Such  program  shall  provide participating inmates preparing for
    12  release from prison with a one-week supply of any necessary  medication,
    13  where  permissible  under federal laws and regulations to continue their
    14  medication assisted treatment in an effort to prevent relapse.
    15    (c) Reentry planning and community supervision should include a colla-
    16  borative relationship between clinical and parole staff including  shar-
    17  ing  of  accurate  information  regarding  the inmate's participation in
    18  medication assisted treatment to ensure that  their  medication  is  not
    19  deemed  illicit  or illegal. Additionally, procedures shall be developed
    20  to assist any reentrant who communicates a  relapse  with  their  parole
    21  officer  or  who  fails  a  drug test, to receive substance use disorder
    22  support in lieu of arrest and/or incarceration.
    23    3. The commissioner shall submit within one year of the effective date
    24  of this section and annually thereafter, a report to the  governor,  the
    25  temporary president of the senate and the speaker of the assembly on the
    26  effectiveness  of the program established pursuant to this section. Such
    27  reports shall include an analysis of the impact of such program  on  the
    28  participating  inmates,  including factors such as institutional adjust-
    29  ment, behavior infractions, reentry rates, HIV and  hepatitis  C  treat-
    30  ment,  and  program  participation,  among related relevant factors. The
    31  reports shall also  include  the  impact  on  institutional  safety  and
    32  performance  and  any  recommendations for additional legislative enact-
    33  ments that may be needed or required to improve or enhance  the  program
    34  as determined to be appropriate by the commissioner.
    35    4.  Participation  in  the medication assisted treatment program shall
    36  not be withheld from a qualified inmate.  An inmate may enter into  such
    37  program  at  any  time during his or her incarceration.  An inmate using
    38  medication assisted treatment prior to such inmate's incarceration shall
    39  be eligible to, upon request by such inmate, continue such treatment  in
    40  the  medication assisted treatment program for any period of time during
    41  the duration of such inmate's incarceration.  No person shall be  denied
    42  participation  in  the program on the basis of a positive drug screening
    43  upon entering custody or upon intake into the  program;  nor  shall  any
    44  person  receive a disciplinary infraction for such positive drug screen-
    45  ing. No person shall be removed from, or  denied  participation  in  the
    46  program on the basis of having received any disciplinary infraction: (a)
    47  before  entry  into  the  program;  or  (b)  during participation in the
    48  program.
    49    § 2. Section 45 of the correction law  is  amended  by  adding  a  new
    50  subdivision 18 to read as follows:
    51    18.  Establish  standards  and  guidelines for a program of medication
    52  assisted treatment for inmates in county jails and/or county correction-
    53  al facilities equivalent to the program established in state correction-
    54  al facilities pursuant to section six hundred twenty-five of this  chap-
    55  ter  and  submit  an  annual  report consistent with the requirements of
    56  subdivision three of such section.
        A. 833                              3
     1    § 3.   The mental hygiene law is  amended  by  adding  a  new  section
     2  19.18-c to read as follows:
     3  § 19.18-c Corrections-based substance use disorder treatment and transi-
     4             tion services.
     5    1.  The  commissioner,  in consultation with local governmental units,
     6  county sheriffs, the New York city department of corrections  and  other
     7  stakeholders, shall implement a jail-based substance use disorder treat-
     8  ment and transition services program that supports the initiation, oper-
     9  ation and enhancement of substance use disorder treatment and transition
    10  services for persons with substance use disorder who are incarcerated in
    11  jails.
    12    2.  The services to be provided by such program shall be in accordance
    13  with plans developed  by  participating  local  governmental  units,  in
    14  collaboration  with county sheriffs and approved by the commissioner and
    15  shall include, but not be limited to, the following:
    16    (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
    17    (b) All forms of  medication  assisted  treatments  approved  for  the
    18  treatment  of  a  substance  use  disorder  by the Federal Food and Drug
    19  Administration. Decisions regarding type, dosage,  or  duration  of  any
    20  medication regimen shall be made by a qualified health care professional
    21  licensed  or  certified  under  title  eight of the education law who is
    22  authorized to administer such medication in conjunction with the inmate;
    23    (c) Group and individual counseling and clinical support;
    24    (d) Peer support;
    25    (e) Discharge planning; and
    26    (f) Re-entry and transitional supports.
    27    3. (a) After a medical screening, inmates who are determined to suffer
    28  from a substance use disorder for which  medication  assisted  treatment
    29  exists  shall  be offered placement in the medication assisted treatment
    30  program. Placement in such program shall not be mandatory.
    31    (b) Participation in the medication assisted treatment  program  shall
    32  not  be  unreasonably  withheld from a qualified inmate. An inmate using
    33  medication assisted treatment prior to such inmate's incarceration shall
    34  be eligible to, upon request by such inmate, continue such treatment  in
    35  the  medication assisted treatment program for any period of time during
    36  the duration of such inmate's incarceration.
    37    (c) No person shall be denied participation  in  the  program  on  the
    38  basis  of a positive drug screening upon entering custody or upon intake
    39  into the program; nor shall any person receive a disciplinary infraction
    40  for such positive drug screening. No person shall be  removed  from,  or
    41  denied  participation in the program on the basis of having received any
    42  disciplinary infraction: (1) before  entry  into  the  program;  or  (2)
    43  during participation in the program.
    44    4.  Within amounts appropriated therefor, funding shall be made avail-
    45  able pursuant to criteria established by the office  of  alcoholism  and
    46  substance  abuse services in consultation with local governmental units,
    47  which shall take into consideration the local  needs  and  resources  as
    48  identified  by  local  governmental  units, the average daily jail popu-
    49  lation, the average number of persons  incarcerated  in  the  jail  that
    50  require substance use disorder services and such other factors as may be
    51  deemed necessary.
    52    §  4.    This  act  shall take effect on the one hundred twentieth day
    53  after it shall have become a law. Effective immediately,  the  addition,
    54  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    55  implementation of this act on its effective date are  authorized  to  be
    56  made on or before such date.