A03390 Summary:

BILL NOA03390
 
SAME ASNo Same As
 
SPONSORCymbrowitz
 
COSPNSRFernandez
 
MLTSPNSR
 
Amd §1.03, add §22.12, Ment Hyg L; add §95-j, 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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A03390 Actions:

BILL NOA03390
 
01/29/2019referred to alcoholism and drug abuse
01/08/2020referred to alcoholism and drug abuse
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A03390 Committee Votes:

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A03390 Floor Votes:

There are no votes for this bill in this legislative session.
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A03390 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3390
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Alcoholism and Drug Abuse
 
        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 59 to read as follows:
    19    59.  "Community  chemical  dependence  reinvestment  services"   shall
    20  include  chemical  dependence  services as defined in subdivision fifty-
    21  five of this section.
    22    § 3. The mental hygiene law is amended by adding a new  section  22.12
    23  to read as follows:
    24  § 22.12 Community reinvestment program.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07371-01-9

        A. 3390                             2
 
     1    (a)  The  commissioner of the office of alcoholism and substance abuse
     2  services shall plan, promote, establish, develop, coordinate,  evaluate,
     3  and conduct programs and services of prevention, diagnosis, examination,
     4  care,  treatment, rehabilitation, education and vocational training, and
     5  research  for  the  benefit of individuals who suffer from and/or are at
     6  risk for  chemical  dependence.  Such  programs  shall  be  licensed  or
     7  approved  by  the  office of alcoholism and substance abuse services and
     8  shall include but not be limited  to  inpatient,  residential,  half-way
     9  house, outpatient, methadone maintenance treatment, emergency, rehabili-
    10  tative,  educational  and  vocational  and  other appropriate treatment,
    11  prevention and support services.
    12    (b) All moneys received or accepted pursuant to this section shall  be
    13  deposited  into  the  chemical  dependence reinvestment fund established
    14  pursuant to section ninety-five-j of the state finance law.
    15    (c) Notwithstanding any inconsistent provision of  law,  in  approving
    16  funds  pursuant  to  section ninety-five-j of the state finance law, the
    17  commissioner of the office of alcoholism and  substance  abuse  services
    18  shall  consider  the extent to which local governmental units have main-
    19  tained local contributions for expenditures in any local fiscal year for
    20  local or unified services, as applicable, provided to persons  diagnosed
    21  with  chemical  dependence and made pursuant to this article, at a level
    22  equal to or greater than the amount  expended  that  fiscal  year.  Such
    23  commissioner  shall  be  authorized  to  reduce  payments  made to local
    24  governmental units which have received grants pursuant to this  section,
    25  in the following fiscal year for failure to maintain expenditures. Funds
    26  annually  appropriated by the legislature for community chemical depend-
    27  ence reinvestment services are intended  to  pay  for  the  development,
    28  expansion,  and  operation  of  community  chemical dependence services.
    29  Annual community chemical dependence reinvestment  funds  shall  not  be
    30  used  to  supplant or replace community chemical dependence costs of any
    31  provider that were previously paid from the prior year's office of alco-
    32  holism and substance abuse services general fund appropriations for  the
    33  identical purpose.
    34    (d) There is hereby established the state interagency council on chem-
    35  ical dependence reinvestment fund utilization. This council shall devel-
    36  op  and implement a schedule for studying chemical dependence prevention
    37  and treatment programs, focusing on the availability  of  such  programs
    38  and  whether  these  programs adequately meet the needs of those inmates
    39  released from department of corrections facilities. Further, this  coun-
    40  cil  shall recommend any needed expansions to chemical dependence treat-
    41  ment programs. By January first of the year following implementation  of
    42  this section, this council shall report its finding to the governor, the
    43  temporary president of the senate, and the speaker of the assembly. Such
    44  council  shall operate independently and shall consist of a chairperson,
    45  chosen by the council members, and the commissioners of  the  office  of
    46  alcoholism  and  substance  abuse services, the office of court adminis-
    47  tration, the division of criminal justice services,  the  department  of
    48  corrections  and  community  supervision, and the office of children and
    49  family services. The council shall also consist of nine  representatives
    50  selected  from  the following three communities as follows: three repre-
    51  sentatives from the service provider  community;  three  representatives
    52  from  the  consumer  community;  and  three representatives who shall be
    53  family members of consumers. One representative from each of these three
    54  communities shall be appointed by the temporary president of the senate,
    55  the governor, the speaker of the assembly, the minority  leader  of  the
    56  assembly and the minority leader of the senate.

        A. 3390                             3
 
     1    §  4. The state finance law is amended by adding a new section 95-j to
     2  read as follows:
     3    §  95-j.    Chemical  dependence reinvestment fund. 1. There is hereby
     4  established in the joint custody of the comptroller and the commissioner
     5  of taxation and finance a fund to be known as  the  chemical  dependence
     6  reinvestment fund.
     7    2.  Moneys of the fund, following appropriation by the legislature and
     8  allocation by the director of budget, shall be available to the  commis-
     9  sioner  of the office of alcoholism and substance abuse services for the
    10  development, expansion and operation of new and expanded community chem-
    11  ical  dependence  services,  including  but  not  limited  to,  services
    12  rendered  to persons mandated into chemical dependence treatment in lieu
    13  of incarceration by the criminal justice system.  Specific amounts shall
    14  be made available for appropriation upon  determinations  made  by  such
    15  commissioner.  Such funds made available to the office of alcoholism and
    16  substance  abuse  services  may  also  be used to develop state operated
    17  services, including  emergency  and  crisis  services,  case  management
    18  service, education and vocational services, services for homeless chemi-
    19  cally-addicted persons with and/or at risk for HIV infection, HIV-relat-
    20  ed  illnesses or AIDS, persons dually-diagnosed with chemical dependence
    21  and mental illness, other hard to serve populations, and other  special-
    22  ized services as approved by such commissioner.
    23    §  5.  Each  year  an  independent actuarial accounting of the savings
    24  generated from declines in the state prison census  shall  be  conducted
    25  and  the  results  reported to the governor, the division of the budget,
    26  the senate finance committee and the assembly ways and  means  committee
    27  no later than one year following the effective date of this act.
    28    §  6. This act shall take effect on the first of April next succeeding
    29  the date on which it shall have become a law.
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