STATE OF NEW YORK
________________________________________________________________________
7703
IN SENATE
January 7, 2022
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the correction law and the mental hygiene law, in
relation to certain functions of the office of addiction services and
supports, and to use of the term incarcerated individuals; and to
amend a chapter of the laws of 2021 amending the correction law relat-
ing to the establishment of a program for the use of medication
assisted treatment for inmates; and amending the mental hygiene law
relating to the implementation of substance use disorder treatment and
transition services in jails, as proposed in legislative bills numbers
S. 1795 and A. 533, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 626 of the correction law, as added by a chapter of
2 the laws of 2021 amending the correction law relating to the establish-
3 ment of a program for the use of medication assisted treatment for
4 inmates; and amending the mental hygiene law relating to the implementa-
5 tion of substance use disorder treatment and transition services in
6 jails, as proposed in legislative bills numbers S. 1795 and A. 533, is
7 amended to read as follows:
8 § 626. Medication assisted treatment in correctional facilities. 1.
9 For purposes of this section "medication assisted treatment" means
10 treatment of chemical dependence or abuse and concomitant conditions
11 with medications requiring a prescription or order from an authorized
12 prescribing professional.
13 2. (a) The commissioner, in conjunction with the office of [alcoholism
14 and substance abuse services] addiction services and supports, shall
15 establish a program to be administered at correctional facilities within
16 the department in the state, for the purpose of employing medication
17 assisted treatment for [inmates] incarcerated individuals in such facil-
18 ities who are undergoing treatment for a substance use disorder. Such
19 program shall include all forms of medication assisted treatments
20 approved for the treatment of a substance use disorder by the Federal
21 Food and Drug Administration for the duration of an [inmate's] incarcer-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00451-02-2
S. 7703 2
1 ated individual's incarceration and shall provide an individualized
2 treatment plan for each participant. After a medical screening,
3 [inmates] incarcerated individuals who are determined to suffer from a
4 substance use disorder, for which FDA approved addiction medications
5 exist shall be offered placement in the medication assisted treatment
6 program. Placement in such program shall not be mandatory. Each partic-
7 ipating [inmate] incarcerated individual shall work with an authorized
8 specialist to determine an individualized treatment plan, including an
9 appropriate level of counseling. Decisions regarding type, dosage, or
10 duration of any medication regimen shall be made by a qualified health
11 care professional licensed or certified under title eight of the educa-
12 tion law who is authorized to administer such medication in conjunction
13 with the [inmate] incarcerated individual.
14 (b) i. Such program shall also include conditions for a reentry strat-
15 egy for [inmates] incarcerated individuals who have participated in
16 medication assisted treatment. Such strategy shall include, but not be
17 limited to, providing each participating [inmate] incarcerated individ-
18 ual with information on available treatment facilities in their area,
19 information on available housing and employment resources, and any other
20 information that will assist the [inmate] incarcerated individual in
21 continued recovery once released. Such program shall also assist the
22 [inmate] incarcerated individual in Medicaid enrollment, prior to
23 release.
24 ii. Such program shall provide participating [inmates] incarcerated
25 individuals preparing for release from prison with a one-week supply of
26 any necessary medication, where permissible under federal laws and regu-
27 lations to continue their medication assisted treatment in an effort to
28 prevent relapse.
29 (c) Reentry planning and community supervision should include a colla-
30 borative relationship between clinical and parole staff including shar-
31 ing of accurate information regarding the [inmate's] incarcerated indi-
32 vidual's participation in medication assisted treatment to ensure that
33 their medication is not deemed illicit or illegal. Additionally, proce-
34 dures shall be developed to assist any reentrant who communicates a
35 relapse with their parole officer or who fails a drug test, to receive
36 substance use disorder support in lieu of arrest and/or incarceration.
37 3. The commissioner shall submit within one year of the effective date
38 of this section and annually thereafter, a report to the governor, the
39 temporary president of the senate and the speaker of the assembly on the
40 effectiveness of the program established pursuant to this section. Such
41 reports shall include an analysis of the impact of such program on the
42 participating [inmates] incarcerated individuals, including factors such
43 as institutional adjustment, behavior infractions, reentry rates, HIV
44 and hepatitis C treatment, and program participation, among related
45 relevant factors. The reports shall also include the impact on institu-
46 tional safety and performance and any recommendations for additional
47 legislative enactments that may be needed or required to improve or
48 enhance the program as determined to be appropriate by the commissioner.
49 4. Participation in the medication assisted treatment program shall
50 not be withheld from a qualified [inmate] incarcerated individual. An
51 [inmate] incarcerated individual may enter into such program at any time
52 during his or her incarceration. An [inmate] incarcerated individual
53 using medication assisted treatment prior to such [inmate's] incarcerat-
54 ed individual's incarceration shall be eligible to, upon request by such
55 [inmate] incarcerated individual, continue such treatment in the medica-
56 tion assisted treatment program for any period of time during the dura-
S. 7703 3
1 tion of such [inmate's] incarcerated individual's incarceration. No
2 person shall be denied participation in the program on the basis of a
3 positive drug screening upon entering custody or upon intake into the
4 program; nor shall any person receive a disciplinary infraction for such
5 positive drug screening. No person shall be removed from, or denied
6 participation in the program on the basis of having received any disci-
7 plinary infraction: (a) before entry into the program; or (b) during
8 participation in the program.
9 § 2. Subdivision 18 of section 45 of the correction law, as added by a
10 chapter of the laws of 2021 amending the correction law relating to the
11 establishment of a program for the use of medication assisted treatment
12 for inmates; and amending the mental hygiene law relating to the imple-
13 mentation of substance use disorder treatment and transition services in
14 jails, as proposed in legislative bills numbers S. 1795 and A. 533, is
15 amended to read as follows:
16 18. Establish standards and guidelines for a program of medication
17 assisted treatment for [inmates] incarcerated individuals in county
18 jails and/or county correctional facilities equivalent to the program
19 established in state correctional facilities pursuant to section six
20 hundred twenty-six of this chapter and submit an annual report consist-
21 ent with the requirements of subdivision three of such section.
22 § 3. Section 19.18-c of the mental hygiene law, as added by a chapter
23 of the laws of 2021 amending the correction law relating to the estab-
24 lishment of a program for the use of medication assisted treatment for
25 inmates; and amending the mental hygiene law relating to the implementa-
26 tion of substance use disorder treatment and transition services in
27 jails, as proposed in legislative bills numbers S. 1795 and A. 533, is
28 amended to read as follows:
29 § 19.18-c Corrections-based substance use disorder treatment and transi-
30 tion services.
31 1. [The] Notwithstanding any other provision of this chapter, the
32 commissioner, in consultation with local governmental units, county
33 sheriffs, the New York city department of corrections and other stake-
34 holders, shall implement a jail-based substance use disorder treatment
35 and transition services program that supports the initiation, operation
36 and enhancement of substance use disorder treatment and transition
37 services for persons with substance use disorder who are incarcerated in
38 jails.
39 2. The services to be provided by such program shall be in accordance
40 with plans developed by participating local governmental units, in
41 collaboration with county sheriffs, taking into account local needs and
42 available resources. These plans must be approved by the commissioner
43 and shall include, but not be limited to, the following:
44 (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
45 (b) At least one formulation of every form of medication assisted
46 treatments approved for the treatment of a substance use disorder by the
47 Federal Food and Drug Administration necessary to ensure that each indi-
48 vidual participating in the program receives the particular form found
49 to be the most effective at treating and meeting their individual needs.
50 The commissioner may allow jails a limited exemption to providing opioid
51 full agonist treatment medications where the commissioner determines
52 that no providers that have received the required accreditation are
53 located within a reasonable distance of the facility. Jails that do not
54 have the resources available to meet standards set forth herein may
55 apply to the commissioner for a limited exception allowing such jail to
56 enter into an agreement with a community- or jail-based program offering
S. 7703 4
1 substance use disorder treatment and transition services to provide such
2 services to individuals in such jails. Any such determination shall be
3 reviewed on a regular basis;
4 (c) Group and individual counseling and clinical support;
5 (d) Peer support;
6 (e) Discharge planning; and
7 (f) Re-entry and transitional supports.
8 3. (a) After a medical screening, incarcerated individuals who are
9 determined to suffer from a substance use disorder for which medication
10 assisted treatment exists shall be offered placement in the medication
11 assisted treatment program. Placement in such program shall not be
12 mandatory.
13 (b) Each participating incarcerated individual shall work with an
14 authorized specialist to develop an individualized treatment plan,
15 including an appropriate level of counseling and planning for continuity
16 of care upon return to the community.
17 (c) Decisions regarding type, dosage, or duration of any medication
18 regimen shall be made by a qualified health care professional licensed
19 or certified under title eight of the education law who is authorized to
20 administer such medication in conjunction with the incarcerated individ-
21 ual.
22 (d) Participation in the medication assisted treatment program shall
23 not be unreasonably withheld from a qualified incarcerated individual.
24 An incarcerated individual using medication assisted treatment prior to
25 such individual's incarceration shall be eligible to, upon request by
26 such individual, continue such treatment in the medication assisted
27 treatment program for any period of time during the duration of such
28 individual's incarceration.
29 (e) No person shall be denied participation in the program on the
30 basis of a positive drug screening upon entering custody or upon intake
31 into the program; nor shall any person receive a disciplinary infraction
32 for such positive drug screening. No person shall be removed from, or
33 denied participation in the program on the basis of having received any
34 disciplinary infraction: (1) before entry into the program; or (2)
35 during participation in the program.
36 4. Within amounts appropriated therefor, funding shall be made avail-
37 able pursuant to criteria established by the office of [alcoholism and
38 substance abuse services] addiction services and supports in consulta-
39 tion with local governmental units, which shall take into consideration
40 the local needs and resources as identified by local governmental units,
41 the average daily jail population, the average number of persons incar-
42 cerated in the jail that require substance use disorder services and
43 such other factors as may be deemed necessary.
44 5. Any jail-based substance use disorder treatment and transition
45 services program that is already in operation at the time this act shall
46 have become law and meets or exceeds the standards set forth in this
47 section shall be deemed to have met the requirements of subdivisions one
48 and two of this section. Such programs shall certify annually in writing
49 to the commissioner that they have met or exceeded the standards set
50 forth herein.
51 § 4. Section 505 of the correction law is amended by adding a new
52 subdivision 5 to read as follows:
53 5. Corrections-based substance use disorder treatment and transition
54 services. Local correctional facilities shall operate a substance use
55 disorder treatment and transition services program pursuant to a plan
S. 7703 5
1 approved by the commissioner of the office of addiction services and
2 supports in accordance with section 19.18-c of the mental hygiene law.
3 § 5. Section 4 of a chapter of the laws of 2021 amending the
4 correction law relating to the establishment of a program for the use of
5 medication assisted treatment for inmates; and amending the mental
6 hygiene law relating to the implementation of substance use disorder
7 treatment and transition services in jails, as proposed in legislative
8 bills numbers S. 1795 and A. 533, is amended to read as follows:
9 § 4. This act shall take effect [on the one hundred twentieth day] one
10 year after it shall have become a law. Effective immediately, the addi-
11 tion, amendment and/or repeal of any rule or regulation necessary for
12 the implementation of this act on its effective date are authorized to
13 be made on or before such date.
14 § 6. This act shall take effect immediately; provided, however,
15 sections one, two, three, and four of this act shall take effect on the
16 same date and in the same manner as a chapter of the laws of 2021,
17 amending the correction law relating to the establishment of a program
18 for the use of medication assisted treatment for inmates; and amending
19 the mental hygiene law relating to the implementation of substance use
20 disorder treatment and transition services in jails, as proposed in
21 legislative bills numbers S. 1795 and A. 533, takes effect.
