Relates to annual reporting on substance use disorder in incarcerated individuals; requires the office of addiction services and supports to monitor programs providing treatment to incarcerated individuals in correctional facilities and provide an annual report.
STATE OF NEW YORK
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6288--A
2019-2020 Regular Sessions
IN SENATE
June 3, 2019
___________
Introduced by Sens. SEPULVEDA, PARKER -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Mental Health and Developmental Disabili-
ties 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, in relation to annual reporting
on substance use disorder in incarcerated individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (h) of section 19.07 of the mental hygiene law,
2 as amended by section 118-f of subpart B of part C of chapter 62 of the
3 laws of 2011, is amended to read as follows:
4 (h) The office of [alcoholism and substance abuse] addiction services
5 and supports shall monitor programs providing care and treatment to
6 [inmates] incarcerated individuals in correctional facilities operated
7 by the department of corrections and community supervision who have a
8 history of alcohol or substance [abuse] use disorder or dependence. The
9 office shall also develop guidelines for the operation of alcohol and
10 substance [abuse] use disorder treatment programs in such correctional
11 facilities, based on best practices, including the use of harm reduction
12 strategies, and tailored to the nature of the individual's substance
13 use, history of past treatment, and history of mental illness or trauma,
14 in order to ensure that such programs sufficiently meet the needs of
15 [inmates] incarcerated individuals with a history of alcohol or
16 substance [abuse] use disorder or dependence and promote the successful
17 transition to treatment in the community upon release. No later than the
18 first day of December of each year, the office shall submit a report
19 regarding: (1) the adequacy and effectiveness of alcohol and substance
20 [abuse] use disorder treatment programs operated by the department of
21 corrections and community supervision; (2) the total number of incarcer-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06062-04-0
S. 6288--A 2
1 ated individuals in correctional facilities that have been screened for,
2 and determined to have, a substance use disorder; (3) information
3 regarding which substances incarcerated individuals are most dependent
4 upon and the available treatment for such individuals within each
5 correctional facility; and (4) how many individuals participate in each
6 of the treatment programs operated by the department of corrections and
7 community supervision and the substances to which participants in each
8 program are addicted, at what point in their incarceration participants
9 began receiving treatment, and how many individuals failed to complete a
10 treatment program and the reason, including how many were removed as a
11 result of a disciplinary proceeding, the reason for this proceeding,
12 whether the individual was found to have used drugs, whether the use of
13 drugs was identified through a drug test, and what the outcome of the
14 disciplinary proceeding was, including whether the individual was placed
15 in a special housing unit, keep lock or residential treatment program.
16 The department of corrections and community supervision shall provide
17 the office with information needed to complete this report. Such report
18 shall be sent to the governor, the temporary president of the senate,
19 the speaker of the assembly, the chairman of the senate committee on
20 crime victims, crime and correction, and the chairman of the assembly
21 committee on correction.
22 § 2. This act shall take effect immediately.