STATE OF NEW YORK ________________________________________________________________________ 8774--A 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 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13428-08-7A. 8774--A 2 1 ment, behavior infractions, and program participation, among related 2 relevant factors. The reports shall also include the impact on institu- 3 tional safety and performance and any recommendations for additional 4 legislative enactments that may be needed or required to improve or 5 enhance the program as determined to be appropriate by the commissioner. 6 4. Participation in the medication assisted treatment program shall 7 not be unreasonably withheld from a qualified inmate. An inmate using 8 medication assisted treatment prior to such inmate's incarceration shall 9 be eligible to, upon request by such inmate, continue such treatment in 10 the medication assisted treatment program for any period of time during 11 the duration of such inmate's incarceration. No person shall be denied 12 participation in the program on the basis of a positive drug screening 13 upon entering custody or upon intake into the program; nor shall any 14 person receive a disciplinary infraction for such positive drug screen- 15 ing. No person shall be removed from, or denied participation in the 16 program on the basis of having received any disciplinary infraction: (a) 17 before entry into the program; or (b) during participation in the 18 program. 19 § 2. Section 45 of the correction law is amended by adding a new 20 subdivision 18 to read as follows: 21 18. Establish standards and guidelines for a program of medication 22 assisted treatment for inmates in county jails and/or county correction- 23 al facilities equivalent to the program established in state correction- 24 al facilities pursuant to section six hundred twenty-five of this chap- 25 ter and submit an annual report consistent with the requirements of 26 subdivision three of such section. 27 § 3. This act shall take effect on the one hundred twentieth day after 28 it shall have become a law. Effective immediately, the addition, amend- 29 ment and/or repeal of any rule or regulation necessary for the implemen- 30 tation of this act on its effective date are authorized to be made on or 31 before such date.