Bill Text: NY A08774 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2018-06-04 - reported referred to ways and means [A08774 Detail]

Download: New_York-2017-A08774-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8774
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 3, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Correction
        AN ACT to amend the correction law, in relation to the establishment  of
          a program for the use of medication assisted treatment for inmates
          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  the
     5  use  of prescribed medications including, but not limited to, methadone,
     6  buprenorphine and naltrexone, combined with  counseling  and  behavioral
     7  therapies,  as  a  comprehensive  approach  to  the  treatment of opioid
     8  addiction.
     9    2. The commissioner shall establish a program to  be  administered  at
    10  correctional facilities in the state, for the purpose of employing medi-
    11  cation  assisted treatment for inmates in such facilities who are under-
    12  going treatment for opioid addiction. Such program shall include  access
    13  to  methadone,  buprenorphine  and  naltrexone  for  the  duration of an
    14  inmate's incarceration.   After a medical  screening,  inmates  who  are
    15  determined  to  suffer from opioid addiction, shall be offered placement
    16  in the medication assisted treatment program. Placement in such  program
    17  shall  not  be  mandatory.  Such program shall include weekly counseling
    18  sessions for participating inmates.
    19    3. The commissioner shall submit within one year of the effective date
    20  of this section and annually thereafter, a report to the  governor,  the
    21  temporary president of the senate and the speaker of the assembly on the
    22  effectiveness  of the program established pursuant to this section. Such
    23  reports shall include an analysis of the impact of such program  on  the
    24  participating  inmates,  including factors such as institutional adjust-
    25  ment, behavior infractions, and  program  participation,  among  related
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13428-06-7
        A. 8774                             2
     1  relevant  factors. The reports shall also include the impact on institu-
     2  tional safety and performance and  any  recommendations  for  additional
     3  legislative  enactments  that  may  be  needed or required to improve or
     4  enhance the program as determined to be appropriate by the commissioner.
     5    4.  Participation  in  the medication assisted treatment program shall
     6  not be unreasonably withheld from a qualified inmate.  An  inmate  using
     7  medication assisted treatment prior to such inmate's incarceration shall
     8  be  eligible to, upon request by such inmate, continue such treatment in
     9  the medication assisted treatment program for any period of time  during
    10  the  duration of such inmate's incarceration.  No person shall be denied
    11  participation in the program on the basis of a positive  drug  screening
    12  upon  entering  custody  or  upon intake into the program; nor shall any
    13  person receive a disciplinary infraction for such positive drug  screen-
    14  ing.  No  person  shall  be removed from, or denied participation in the
    15  program on the basis of having received any disciplinary infraction: (a)
    16  before entry into the  program;  or  (b)  during  participation  in  the
    17  program.
    18    §  2.  The  correction law is amended by adding a new section 500-q to
    19  read as follows:
    20    § 500-q. Medication assisted treatment in county jails  and/or  county
    21  correctional  facilities.  The commissioner of corrections and community
    22  supervision shall establish  guidelines  for  a  program  of  medication
    23  assisted treatment for inmates in county jails and/or county correction-
    24  al facilities equivalent to the program established in state correction-
    25  al  facilities pursuant to section six hundred twenty-five of this chap-
    26  ter and shall submit an annual report consistent with  the  requirements
    27  of subdivision three of such section.
    28    § 3. This act shall take effect on the one hundred twentieth day after
    29  it  shall have become a law. Effective immediately, the addition, amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation of this act on its effective date are authorized to be made on or
    32  before such date.