S05317 Summary:
| BILL NO | S05317A |
| SAME AS | SAME AS A03936-A |
| SPONSOR | BAILEY |
| COSPNSR | |
| MLTSPNSR | |
| Amd §626, Cor L; amd §19.07, Ment Hyg L | |
| Requires the office of addiction services and supports to collect certain demographic data for incarcerated individuals in medication assisted treatment programs. | |
S05317 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 5317--A 2025-2026 Regular Sessions IN SENATE February 20, 2025 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction 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 correction law and the mental hygiene law, in relation to data collected for medication assisted treatment programs at correctional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 626 of the correction law, as 2 separately amended by chapters 147 and 486 of the laws of 2022, is 3 amended to read as follows: 4 3. The commissioner shall [submit within one year of the effective5date of this section and annually thereafter, a report to the governor,6the temporary president of the senate and the speaker of the assembly on7the effectiveness of the program established pursuant to this section.8Such reports shall include an analysis of the impact of such program on9the participating incarcerated individuals, including factors such as10institutional adjustment, behavior infractions, reentry rates, HIV and11hepatitis C treatment, and program participation, among related relevant12factors. The reports shall also include the impact on institutional13safety and performance and any recommendations for additional legisla-14tive enactments that may be needed or required to improve or enhance the15program as determined to be appropriate by the commissioner], along with 16 the state commission of correction, provide data necessary to complete 17 the report required by subdivision (h) of section 19.07 of the mental 18 hygiene law to the commissioner of the office of addiction services and 19 supports. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02571-03-6S. 5317--A 2 1 § 2. Subdivision (h) of section 19.07 of the mental hygiene law, as 2 separately amended by chapters 322 and 494 of the laws of 2021, is 3 amended to read as follows: 4 (h) The office of addiction services and supports shall monitor 5 programs providing care and treatment to incarcerated individuals who 6 have a history of alcohol or substance use disorder or dependence in 7 correctional facilities operated by the department of corrections and 8 community supervision [who have a history of alcohol or substance use9disorder or dependence] and local counties. The office shall also 10 develop guidelines for the operation of alcohol and substance use disor- 11 der treatment programs in such correctional facilities, based on best 12 practices, and tailored to the nature of the individual's substance use, 13 history of past treatment, and history of mental illness or trauma, 14 which may include harm reduction strategies, in order to ensure that 15 such programs sufficiently meet the needs of incarcerated individuals 16 with a history of alcohol or substance use disorder or dependence and 17 promote the successful transition to treatment in the community upon 18 release. No later than the first day of December of each year, the 19 office in collaboration with the department of corrections and community 20 supervision and the state commission of correction shall submit a report 21 regarding: (1) the adequacy and effectiveness of alcohol and substance 22 use disorder treatment programs operated by the department of 23 corrections and community supervision and local counties, including 24 medication assisted treatment programs as established by section 19.18-c 25 of this article and section six hundred twenty-six of the correction 26 law; (2) the total number of incarcerated individuals and the demograph- 27 ic information of such incarcerated individuals including race, ethnici- 28 ty, gender and age in each correctional [facilities] facility that have 29 been screened for[, and determined to have,] a substance use disorder 30 and the total number of such individuals determined to have a substance 31 use disorder that can be treated with a federal food and drug adminis- 32 tration approved medication; (3) information regarding which substances 33 incarcerated individuals are most often dependent upon and the available 34 treatment for such individuals within each correctional facility; (4) 35 the total number of individuals who participate in each of the treatment 36 programs operated by the department of corrections and community super- 37 vision and local counties; [and] (5) the total number of individuals who 38 participated in a substance use disorder treatment program but failed to 39 complete such program, as well as whether such failure to complete the 40 program was a result of disciplinary action taken by the facility 41 against the individual for instances unrelated to their participation in 42 the treatment program; and (6) information regarding medication assisted 43 treatment programs operated by the department of corrections and commu- 44 nity supervision and local counties, for which all indices shall be 45 broken down by race, ethnicity, gender and age, and which shall include 46 the following: 47 (i) the number of individuals who accepted or declined such medication 48 and the reason for rejection if available; 49 (ii) the medication types used, for how many people, including the 50 average dosage amount for each form of medication for substance use 51 disorder used; 52 (iii) whether and at what point dosages changed, including for people 53 with existing prescriptions for a medication to treat substance use 54 disorder; 55 (iv) the regulatory structure used to provide methadone to each 56 patient including: the name of any community-based opioid treatmentS. 5317--A 3 1 programs each facility is utilizing to obtain methadone and the distance 2 from the facility, whether the facility is operating as a medication 3 unit of the opioid treatment program, and/or whether the facility is 4 providing methadone directly by registering with the Federal Drug 5 Enforcement Agency as a hospital and/or clinic; 6 (v) the types and dosages of opioid overdose reversal medications 7 stocked at each facility and the number of times it was used including 8 data about usage prior to implementation of the medication assisted 9 treatment program; 10 (vi) the rates of overdose by incarcerated individuals prescribed 11 medications for opioid use disorder including which medication was used 12 for treatment and the overall rates of overdose in each facility before 13 and after implementation of the medication assisted treatment program; 14 (vii) the rates of other health issues associated with substance use 15 disorder including but not limited to HIV, hepatitis C, and mental 16 health diagnoses; 17 (viii) the number of incidents involving illicit substances in the 18 facility before and after the initiation of medications for substance 19 use disorder. The department of corrections and community supervision 20 and local counties shall provide the office with information needed to 21 complete this report. Such report shall be made available to the public 22 on the office's website and sent to the governor, the temporary presi- 23 dent of the senate, the minority leader of the senate, the speaker of 24 the assembly, the minority leader of the assembly, the [chairman] chair- 25 person of the senate committee on crime victims, the ranking member of 26 the senate committee on crime victims, the chair-person of the senate 27 committee on crime and correction, [and the chairman] the chair-person 28 of the senate committee on alcoholism and substance use disorders, the 29 ranking member of the senate committee on alcoholism and substance use 30 disorders, the chair-person of the assembly committee on correction, the 31 ranking member of the assembly committee on correction, the chair-person 32 of the assembly committee on alcoholism and drug abuse, and the ranking 33 member of the committee on alcoholism and drug abuse. 34 § 3. This act shall take effect immediately.