Bill Text: NY S02201 | 2011-2012 | General Assembly | Amended

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

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Bill Title: Provides for the reinvestment of funds generated by savings due to declines in the state prison census into community-based services for persons suffering from chemical dependence and for the establishment of the chemical dependence reinvestment fund; provides for the establishment of the state interagency council on chemical dependence reinvestment fund utilization and for the composition thereof.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-12 - REPORTED AND COMMITTED TO FINANCE [S02201 Detail]

Download: New_York-2011-S02201-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2201--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities -- recommitted to the Committee on Alcoholism  and
         Drug  Abuse  in  accordance  with  Senate  Rule 6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the mental hygiene law and the  state  finance  law,  in
         relation  to  the  reinvestment of funds into community-based services
         for persons suffering from chemical dependence
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent and findings.   The legislature finds
    2  that declines in the state prison inmate census, due to the  utilization
    3  of  alternatives to incarceration and changes in the sentencing laws for
    4  persons convicted of drug offenses, create concomitant demand and strain
    5  on community-based chemical dependence treatment services.
    6    The legislature also finds that as state expenditures for incarcerated
    7  individuals are reduced due to the aforementioned interventions,  it  is
    8  necessary  and  appropriate  to establish a dedicated fund, comprised of
    9  those savings, which will be reinvested into the development and  expan-
   10  sion  of  community-based  chemical  dependence treatment and prevention
   11  programs.
   12    The legislature further finds that as  it  is  well  established  that
   13  chemical  dependence  prevention  and  treatment  is  the most effective
   14  response to chemical abuse and  addiction  and  the  resulting  criminal
   15  offenses,   the  availability  of  effective  prevention  and  treatment
   16  programs should be a prominent component of the state's response.
   17    S 2. Section 1.03 of the mental hygiene law is amended by adding a new
   18  subdivision 56 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06122-02-2
       S. 2201--A                          2
    1    56.  "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"   SHALL
    2  INCLUDE   CHEMICAL   DEPENDENCE   SERVICES  AS  DEFINED  IN  SUBDIVISION
    3  FIFTY-FIVE OF THIS SECTION.
    4    S  3.  The mental hygiene law is amended by adding a new section 22.12
    5  to read as follows:
    6  S 22.12 COMMUNITY REINVESTMENT PROGRAM.
    7    (A) THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE
    8  SERVICES  SHALL PLAN, PROMOTE, ESTABLISH, DEVELOP, COORDINATE, EVALUATE,
    9  AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS, EXAMINATION,
   10  CARE, TREATMENT, REHABILITATION, EDUCATION AND VOCATIONAL TRAINING,  AND
   11  RESEARCH  FOR  THE  BENEFIT OF INDIVIDUALS WHO SUFFER FROM AND/OR ARE AT
   12  RISK FOR  CHEMICAL  DEPENDENCE.  SUCH  PROGRAMS  SHALL  BE  LICENSED  OR
   13  APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
   14  SHALL INCLUDE BUT NOT BE LIMITED  TO  INPATIENT,  RESIDENTIAL,  HALF-WAY
   15  HOUSE, OUTPATIENT, METHADONE MAINTENANCE TREATMENT, EMERGENCY, REHABILI-
   16  TATIVE,  EDUCATIONAL  AND  VOCATIONAL  AND  OTHER APPROPRIATE TREATMENT,
   17  PREVENTION AND SUPPORT SERVICES.
   18    (B) ALL MONEYS RECEIVED OR ACCEPTED PURSUANT TO THIS SECTION SHALL  BE
   19  DEPOSITED  INTO  THE  CHEMICAL  DEPENDENCE REINVESTMENT FUND ESTABLISHED
   20  PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
   21    (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  IN  APPROVING
   22  FUNDS  PURSUANT  TO  SECTION  NINETY-NINE-U OF THE STATE FINANCE LAW AND
   23  SECTION 26.00 OF THIS TITLE, THE COMMISSIONER OF THE OFFICE OF  ALCOHOL-
   24  ISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL CONSIDER THE EXTENT TO WHICH
   25  LOCAL GOVERNMENTAL UNITS HAVE MAINTAINED LOCAL CONTRIBUTIONS FOR EXPEND-
   26  ITURES IN ANY LOCAL FISCAL YEAR FOR LOCAL OR UNIFIED SERVICES, AS APPLI-
   27  CABLE, PROVIDED TO PERSONS DIAGNOSED WITH CHEMICAL DEPENDENCE  AND  MADE
   28  PURSUANT TO THIS ARTICLE, AT A LEVEL EQUAL TO OR GREATER THAN THE AMOUNT
   29  EXPENDED  THAT  FISCAL  YEAR.  SUCH  COMMISSIONER SHALL BE AUTHORIZED TO
   30  REDUCE PAYMENTS MADE TO LOCAL GOVERNMENTAL  UNITS  WHICH  HAVE  RECEIVED
   31  GRANTS  PURSUANT TO THIS SECTION, IN THE FOLLOWING FISCAL YEAR FOR FAIL-
   32  URE TO MAINTAIN EXPENDITURES. FUNDS ANNUALLY APPROPRIATED BY THE  LEGIS-
   33  LATURE  FOR  COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES ARE
   34  INTENDED TO PAY FOR THE DEVELOPMENT, EXPANSION, AND OPERATION OF  COMMU-
   35  NITY  CHEMICAL DEPENDENCE SERVICES. ANNUAL COMMUNITY CHEMICAL DEPENDENCE
   36  REINVESTMENT FUNDS SHALL NOT BE USED TO SUPPLANT  OR  REPLACE  COMMUNITY
   37  CHEMICAL DEPENDENCE COSTS OF ANY PROVIDER THAT WERE PREVIOUSLY PAID FROM
   38  THE  PRIOR  YEAR'S  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES
   39  GENERAL FUND APPROPRIATIONS FOR THE IDENTICAL PURPOSE.
   40    (D) THERE IS HEREBY ESTABLISHED THE STATE INTERAGENCY COUNCIL ON CHEM-
   41  ICAL DEPENDENCE REINVESTMENT FUND UTILIZATION. THIS COUNCIL SHALL DEVEL-
   42  OP AND IMPLEMENT A SCHEDULE FOR STUDYING CHEMICAL DEPENDENCE  PREVENTION
   43  AND  TREATMENT  PROGRAMS,  FOCUSING ON THE AVAILABILITY OF SUCH PROGRAMS
   44  AND WHETHER THESE PROGRAMS ADEQUATELY MEET THE NEEDS  OF  THOSE  INMATES
   45  RELEASED  FROM DEPARTMENT OF CORRECTIONS FACILITIES. FURTHER, THIS COUN-
   46  CIL SHALL RECOMMEND ANY NEEDED EXPANSIONS TO CHEMICAL DEPENDENCE  TREAT-
   47  MENT  PROGRAMS. BY JANUARY FIRST OF THE YEAR FOLLOWING IMPLEMENTATION OF
   48  THIS SECTION, THIS COUNCIL SHALL REPORT ITS FINDING TO THE GOVERNOR, THE
   49  TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH
   50  COUNCIL SHALL OPERATE INDEPENDENTLY AND SHALL CONSIST OF A  CHAIRPERSON,
   51  CHOSEN  BY  THE  COUNCIL MEMBERS, AND THE COMMISSIONERS OF THE OFFICE OF
   52  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE  OF  COURT  ADMINIS-
   53  TRATION,  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF
   54  CORRECTIONS AND COMMUNITY SUPERVISION, AND THE OFFICE  OF  CHILDREN  AND
   55  FAMILY  SERVICES. THE COUNCIL SHALL ALSO CONSIST OF NINE REPRESENTATIVES
   56  SELECTED FROM THE FOLLOWING THREE COMMUNITIES AS FOLLOWS:  THREE  REPRE-
       S. 2201--A                          3
    1  SENTATIVES  FROM  THE  SERVICE PROVIDER COMMUNITY; THREE REPRESENTATIVES
    2  FROM THE CONSUMER COMMUNITY; AND  THREE  REPRESENTATIVES  WHO  SHALL  BE
    3  FAMILY MEMBERS OF CONSUMERS. ONE REPRESENTATIVE FROM EACH OF THESE THREE
    4  COMMUNITIES SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
    5  THE  GOVERNOR,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
    6  ASSEMBLY AND THE MINORITY LEADER OF THE SENATE.
    7    S 4. The state finance law is amended by adding a new section 99-u  to
    8  read as follows:
    9    S  99-U.    CHEMICAL  DEPENDENCE REINVESTMENT FUND. 1. THERE IS HEREBY
   10  ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
   11  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS  THE  CHEMICAL  DEPENDENCE
   12  REINVESTMENT FUND.
   13    2.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
   14  ALLOCATION BY THE DIRECTOR OF BUDGET, SHALL BE AVAILABLE TO THE  COMMIS-
   15  SIONER  OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE
   16  DEVELOPMENT, EXPANSION AND OPERATION OF NEW AND EXPANDED COMMUNITY CHEM-
   17  ICAL  DEPENDENCE  SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO,  SERVICES
   18  RENDERED  TO PERSONS MANDATED INTO CHEMICAL DEPENDENCE TREATMENT IN LIEU
   19  OF INCARCERATION BY THE CRIMINAL JUSTICE SYSTEM.  SPECIFIC AMOUNTS SHALL
   20  BE MADE AVAILABLE FOR APPROPRIATION UPON  DETERMINATIONS  MADE  BY  SUCH
   21  COMMISSIONER  PURSUANT TO SUBDIVISION (B) OF SECTION 26.00 OF THE MENTAL
   22  HYGIENE LAW. SUCH FUNDS MADE AVAILABLE TO THE OFFICE OF  ALCOHOLISM  AND
   23  SUBSTANCE  ABUSE  SERVICES  MAY  ALSO  BE USED TO DEVELOP STATE OPERATED
   24  SERVICES, INCLUDING  EMERGENCY  AND  CRISIS  SERVICES,  CASE  MANAGEMENT
   25  SERVICE, EDUCATION AND VOCATIONAL SERVICES, SERVICES FOR HOMELESS CHEMI-
   26  CALLY-ADDICTED PERSONS WITH AND/OR AT RISK FOR HIV INFECTION, HIV-RELAT-
   27  ED  ILLNESSES OR AIDS, PERSONS DUALLY-DIAGNOSED WITH CHEMICAL DEPENDENCE
   28  AND MENTAL ILLNESS, OTHER HARD TO SERVE POPULATIONS, AND OTHER  SPECIAL-
   29  IZED SERVICES AS APPROVED BY SUCH COMMISSIONER.
   30    S  5.  Each  year  an  independent actuarial accounting of the savings
   31  generated from declines in the state prison census  shall  be  conducted
   32  and  the  results  reported to the governor, the division of the budget,
   33  the senate finance committee and the assembly ways and  means  committee
   34  no later than one year following the effective date of this act.
   35    S  6. This act shall take effect on the first of April next succeeding
   36  the date on which it shall have become a law.