A06236 Summary:

BILL NOA06236A
 
SAME ASSAME AS S02201-A
 
SPONSORCymbrowitz
 
COSPNSR
 
MLTSPNSR
 
Amd S1.03, add S22.12, Ment Hyg L; add S99-u, St Fin L
 
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.
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A06236 Actions:

BILL NOA06236A
 
03/10/2011referred to alcoholism and drug abuse
01/04/2012referred to alcoholism and drug abuse
03/07/2012amend and recommit to alcoholism and drug abuse
03/07/2012print number 6236a
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A06236 Floor Votes:

There are no votes for this bill in this legislative session.
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A06236 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6236--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Alcoholism and Drug Abuse -- recommitted to the Committee
          on Alcoholism and Drug Abuse in accordance with Assembly Rule 3,  sec.
          2  -- 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    § 2. Section 1.03 of the mental hygiene law is amended by adding a new
    18  subdivision 56 to read as follows:
    19    56.  "Community  chemical  dependence  reinvestment  services"   shall
    20  include  chemical  dependence  services as defined in subdivision fifty-
    21  five of this section.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06122-03-2

        A. 6236--A                          2
 
     1    § 3. The mental hygiene law is amended by adding a new  section  22.12
     2  to read as follows:
     3  § 22.12 Community reinvestment program.
     4    (a)  The  commissioner of the office of alcoholism and substance abuse
     5  services shall plan, promote, establish, develop, coordinate,  evaluate,
     6  and conduct programs and services of prevention, diagnosis, examination,
     7  care,  treatment, rehabilitation, education and vocational training, and
     8  research for the benefit of individuals who suffer from  and/or  are  at

     9  risk  for  chemical  dependence.  Such  programs  shall  be  licensed or
    10  approved by the office of alcoholism and substance  abuse  services  and
    11  shall  include  but  not  be limited to inpatient, residential, half-way
    12  house, outpatient, methadone maintenance treatment, emergency, rehabili-
    13  tative, educational and  vocational  and  other  appropriate  treatment,
    14  prevention and support services.
    15    (b)  All moneys received or accepted pursuant to this section shall be
    16  deposited into the chemical  dependence  reinvestment  fund  established
    17  pursuant to section ninety-nine-u of the state finance law.
    18    (c)  Notwithstanding  any  inconsistent provision of law, in approving
    19  funds pursuant to section ninety-nine-u of the  state  finance  law  and

    20  section  26.00 of this title, the commissioner of the office of alcohol-
    21  ism and substance abuse services shall  consider  the  extent  to  which
    22  local governmental units have maintained local contributions for expend-
    23  itures in any local fiscal year for local or unified services, as appli-
    24  cable,  provided  to persons diagnosed with chemical dependence and made
    25  pursuant to this article, at a level equal to or greater than the amount
    26  expended that fiscal year. Such  commissioner  shall  be  authorized  to
    27  reduce  payments  made  to  local governmental units which have received
    28  grants pursuant to this section, in the following fiscal year for  fail-
    29  ure  to maintain expenditures. Funds annually appropriated by the legis-

    30  lature for  community  chemical  dependence  reinvestment  services  are
    31  intended  to pay for the development, expansion, and operation of commu-
    32  nity chemical dependence services. Annual community chemical  dependence
    33  reinvestment  funds  shall  not be used to supplant or replace community
    34  chemical dependence costs of any provider that were previously paid from
    35  the prior year's office  of  alcoholism  and  substance  abuse  services
    36  general fund appropriations for the identical purpose.
    37    (d) There is hereby established the state interagency council on chem-
    38  ical dependence reinvestment fund utilization. This council shall devel-
    39  op  and implement a schedule for studying chemical dependence prevention

    40  and treatment programs, focusing on the availability  of  such  programs
    41  and  whether  these  programs adequately meet the needs of those inmates
    42  released from department of corrections facilities. Further, this  coun-
    43  cil  shall recommend any needed expansions to chemical dependence treat-
    44  ment programs. By January first of the year following implementation  of
    45  this section, this council shall report its finding to the governor, the
    46  temporary president of the senate, and the speaker of the assembly. Such
    47  council  shall operate independently and shall consist of a chairperson,
    48  chosen by the council members, and the commissioners of  the  office  of
    49  alcoholism  and  substance  abuse services, the office of court adminis-

    50  tration, the division of criminal justice services,  the  department  of
    51  corrections  and  community  supervision, and the office of children and
    52  family services. The council shall also consist of nine  representatives
    53  selected  from  the following three communities as follows: three repre-
    54  sentatives from the service provider  community;  three  representatives
    55  from  the  consumer  community;  and  three representatives who shall be
    56  family members of consumers. One representative from each of these three

        A. 6236--A                          3
 
     1  communities shall be appointed by the temporary president of the senate,
     2  the governor, the speaker of the assembly, the minority  leader  of  the

     3  assembly and the minority leader of the senate.
     4    §  4. The state finance law is amended by adding a new section 99-u to
     5  read as follows:
     6    § 99-u.  Chemical dependence reinvestment fund.  1.  There  is  hereby
     7  established in the joint custody of the comptroller and the commissioner
     8  of  taxation  and  finance a fund to be known as the chemical dependence
     9  reinvestment fund.
    10    2. Moneys of the fund, following appropriation by the legislature  and
    11  allocation  by the director of budget, shall be available to the commis-
    12  sioner of the office of alcoholism and substance abuse services for  the
    13  development, expansion and operation of new and expanded community chem-
    14  ical  dependence  services,  including  but  not  limited  to,  services

    15  rendered to persons mandated into chemical dependence treatment in  lieu
    16  of incarceration by the criminal justice system.  Specific amounts shall
    17  be  made  available  for  appropriation upon determinations made by such
    18  commissioner pursuant to subdivision (b) of section 26.00 of the  mental
    19  hygiene  law.  Such funds made available to the office of alcoholism and
    20  substance abuse services may also be  used  to  develop  state  operated
    21  services,  including  emergency  and  crisis  services,  case management
    22  service, education and vocational services, services for homeless chemi-
    23  cally-addicted persons with and/or at risk for HIV infection, HIV-relat-
    24  ed illnesses or AIDS, persons dually-diagnosed with chemical  dependence

    25  and  mental illness, other hard to serve populations, and other special-
    26  ized services as approved by such commissioner.
    27    § 5. Each year an independent  actuarial  accounting  of  the  savings
    28  generated  from  declines  in the state prison census shall be conducted
    29  and the results reported to the governor, the division  of  the  budget,
    30  the  senate  finance committee and the assembly ways and means committee
    31  no later than one year following the effective date of this act.
    32    § 6. This act shall take effect on the first of April next  succeeding
    33  the date on which it shall have become a law.
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