Add §625, amd §45, Cor L; add §19.18-c, Ment Hyg L
Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements; substance use disorder treatment and transition services implemented in jails.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8774B
SPONSOR: Rosenthal L TITLE OF BILL: An act to amend the correction law, in relation to the
establishment of a program for the use of medication assisted treatment
for inmates; and to amend the mental hygiene law, in relation to the
implementation of substance use disorder treatment and transition
services in jails
PURPOSE:
This bill would allow inmates with certain substance use disorders the
opportunity to participate in a medication assisted treatment program.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the correction law by adding a new section 625.
Section two amends section 45 of the correction law by adding a new
subdivision 18.
Section three amends the mental hygiene law by adding a new section
19.18-c.
Section four sets forth the effective date.
JUSTIFICATION:
Medication assisted treatment, MAT, is an effective treatment option for
those struggling with opioid addiction. The treatment uses FDA-approved
medications, along with forms of counseling and therapy to help people
be more successful on their path to recovery. Throughout the recovery
process, many people struggle with strong cravings to use again, some-
times causing them to relapse. The medications and therapies used in MAT
programs have the ability to reduce or remove these cravings while
blocking the euphoric effect of opioids, normalizing body functions, and
stabilizing one's brain chemistry.
New York State correctional facilities do not currently have extensive
MAT programs, despite more than half of inmates diagnosed with a
substance use disorder. With a large number of inmates overdosing upon
release from correctional facilities, it is essential that we provide
inmates with treatment to overcome their addictions while in prison and
jail. Medication assisted treatment in our correctional facilities has
the ability to reduce recidivism, reduce fatal drug overdoses and reduce
the transmission of infectious diseases.
This bill would require the commissioner of the New York State Depart-
ment of Corrections and Community Supervision and the chairman of the
New York State Commission of Corrections to establish a medication
assisted treatment program at all state correctional facilities and
local jails. This program will be voluntary and offered to eligible
inmates who are facing an opioid addiction and will include the use of
medications such as methadone, buprenorphine and naltrexone combined
with an appropriate level of counseling. The positive effects of these
medications are well-documented, and by offering a medication assisted
treatment program in our correctional facilities we will better set
these individuals up for success upon their release.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or before
such date.
STATE OF NEW YORK
________________________________________________________________________
8774--B
2017-2018 Regular Sessions
IN ASSEMBLY
November 3, 2017
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Correction 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 correction law, in relation to the establishment of
a program for the use of medication assisted treatment for inmates;
and to amend the mental hygiene law, in relation to the implementation
of substance use disorder treatment and transition services in jails
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 625
2 to read as follows:
3 § 625. Medication assisted treatment in correctional facilities. 1.
4 For purposes of this section "medication assisted treatment" means
5 treatment of chemical dependence or abuse and concomitant conditions
6 with medications requiring a prescription or order from an authorized
7 prescribing professional.
8 2. (a) The commissioner, in conjunction with the office of alcoholism
9 and substance abuse services, shall establish a program to be adminis-
10 tered at correctional facilities within the department in the state, for
11 the purpose of employing medication assisted treatment for inmates in
12 such facilities who are undergoing treatment for a substance use disor-
13 der. Such program shall include all forms of medication assisted treat-
14 ments approved for the treatment of a substance use disorder by the
15 Federal Food and Drug Administration for the duration of an inmate's
16 incarceration and shall provide an individualized treatment plan for
17 each participant. After a medical screening, inmates who are determined
18 to suffer from a substance use disorder, for which FDA approved
19 addiction medications exist shall be offered placement in the medication
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13428-12-8
A. 8774--B 2
1 assisted treatment program. Placement in such program shall not be
2 mandatory. Each participating inmate shall work with an authorized
3 specialist to determine an individualized treatment plan, including an
4 appropriate level of counseling. Decisions regarding type, dosage, or
5 duration of any medication regimen shall be made by a qualified health
6 care professional licensed or certified under title eight of the educa-
7 tion law who is authorized to administer such medication in conjunction
8 with the inmate.
9 (b) i. Such program shall also include conditions for a reentry strat-
10 egy for inmates who have participated in medication assisted treatment.
11 Such strategy shall include, but not be limited to, providing each
12 participating inmate with information on available treatment facilities
13 in their area, information on available housing and employment
14 resources, and any other information that will assist the inmate in
15 continued recovery once released. Such program shall also assist the
16 inmate in Medicaid enrollment, prior to release.
17 ii. Such program shall provide participating inmates preparing for
18 release from prison with a one-week supply of any necessary medication,
19 where permissible under federal laws and regulations to continue their
20 medication assisted treatment in an effort to prevent relapse.
21 (c) Reentry planning and community supervision should include a colla-
22 borative relationship between clinical and parole staff including shar-
23 ing of accurate information regarding the inmate's participation in
24 medication assisted treatment to ensure that their medication is not
25 deemed illicit or illegal. Additionally, procedures shall be developed
26 to assist any reentrant who communicates a relapse with their parole
27 officer or who fails a drug test, to receive substance use disorder
28 support in lieu of arrest and/or incarceration.
29 3. The commissioner shall submit within one year of the effective date
30 of this section and annually thereafter, a report to the governor, the
31 temporary president of the senate and the speaker of the assembly on the
32 effectiveness of the program established pursuant to this section. Such
33 reports shall include an analysis of the impact of such program on the
34 participating inmates, including factors such as institutional adjust-
35 ment, behavior infractions, reentry rates, HIV and hepatitis C treat-
36 ment, and program participation, among related relevant factors. The
37 reports shall also include the impact on institutional safety and
38 performance and any recommendations for additional legislative enact-
39 ments that may be needed or required to improve or enhance the program
40 as determined to be appropriate by the commissioner.
41 4. Participation in the medication assisted treatment program shall
42 not be withheld from a qualified inmate. An inmate may enter into such
43 program at any time during his or her incarceration. An inmate using
44 medication assisted treatment prior to such inmate's incarceration shall
45 be eligible to, upon request by such inmate, continue such treatment in
46 the medication assisted treatment program for any period of time during
47 the duration of such inmate's incarceration. No person shall be denied
48 participation in the program on the basis of a positive drug screening
49 upon entering custody or upon intake into the program; nor shall any
50 person receive a disciplinary infraction for such positive drug screen-
51 ing. No person shall be removed from, or denied participation in the
52 program on the basis of having received any disciplinary infraction: (a)
53 before entry into the program; or (b) during participation in the
54 program.
55 § 2. Section 45 of the correction law is amended by adding a new
56 subdivision 18 to read as follows:
A. 8774--B 3
1 18. Establish standards and guidelines for a program of medication
2 assisted treatment for inmates in county jails and/or county correction-
3 al facilities equivalent to the program established in state correction-
4 al facilities pursuant to section six hundred twenty-five of this chap-
5 ter and submit an annual report consistent with the requirements of
6 subdivision three of such section.
7 § 3. The mental hygiene law is amended by adding a new section
8 19.18-c to read as follows:
9 § 19.18-c Corrections-based substance use disorder treatment and transi-
10 tion services.
11 1. The commissioner, in consultation with local governmental units,
12 county sheriffs, the New York city department of corrections and other
13 stakeholders, shall implement a jail-based substance use disorder treat-
14 ment and transition services program that supports the initiation, oper-
15 ation and enhancement of substance use disorder treatment and transition
16 services for persons with substance use disorder who are incarcerated in
17 jails.
18 2. The services to be provided by such program shall be in accordance
19 with plans developed by participating local governmental units, in
20 collaboration with county sheriffs and approved by the commissioner and
21 shall include, but not be limited to, the following:
22 (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
23 (b) All forms of medication assisted treatments approved for the
24 treatment of a substance use disorder by the Federal Food and Drug
25 Administration. Decisions regarding type, dosage, or duration of any
26 medication regimen shall be made by a qualified health care professional
27 licensed or certified under title eight of the education law who is
28 authorized to administer such medication in conjunction with the inmate;
29 (c) Group and individual counseling and clinical support;
30 (d) Peer support;
31 (e) Discharge planning; and
32 (f) Re-entry and transitional supports.
33 3. (a) After a medical screening, inmates who are determined to suffer
34 from a substance use disorder for which medication assisted treatment
35 exists shall be offered placement in the medication assisted treatment
36 program. Placement in such program shall not be mandatory.
37 (b) Participation in the medication assisted treatment program shall
38 not be unreasonably withheld from a qualified inmate. An inmate using
39 medication assisted treatment prior to such inmate's incarceration shall
40 be eligible to, upon request by such inmate, continue such treatment in
41 the medication assisted treatment program for any period of time during
42 the duration of such inmate's incarceration.
43 (c) No person shall be denied participation in the program on the
44 basis of a positive drug screening upon entering custody or upon intake
45 into the program; nor shall any person receive a disciplinary infraction
46 for such positive drug screening. No person shall be removed from, or
47 denied participation in the program on the basis of having received any
48 disciplinary infraction: (1) before entry into the program; or (2)
49 during participation in the program.
50 4. Within amounts appropriated therefor, funding shall be made avail-
51 able pursuant to criteria established by the office of alcoholism and
52 substance abuse services in consultation with local governmental units,
53 which shall take into consideration the local needs and resources as
54 identified by local governmental units, the average daily jail popu-
55 lation, the average number of persons incarcerated in the jail that
A. 8774--B 4
1 require substance use disorder services and such other factors as may be
2 deemed necessary.
3 § 4. This act shall take effect on the one hundred twentieth day
4 after it shall have become a law. Effective immediately, the addition,
5 amendment and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized to be
7 made on or before such date.
