Bill Text: NY S06288 | 2019-2020 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-02-04 - referred to alcoholism and drug abuse [S06288 Detail]

Download: New_York-2019-S06288-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         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.