STATE OF NEW YORK
________________________________________________________________________
8725
IN SENATE
July 10, 2020
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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, and tailored to the nature of the
12 individual's substance use, history of past treatment, and history of
13 mental illness or trauma, which may include harm reduction strategies,
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-
22 ated individuals in correctional facilities that have been screened for,
23 and determined to have, a substance use disorder; (3) information
24 regarding which substances incarcerated individuals are most dependent
25 upon and the available treatment for such individuals within each
26 correctional facility; (4) the total number of individuals who partic-
27 ipate in each of the treatment programs operated by the department of
28 corrections and community supervision; and (5) the total number of indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06062-09-0
S. 8725 2
1 viduals who participated in a substance use disorder treatment program
2 but failed to complete such program, as well as whether such failure to
3 complete the program was a result of disciplinary action taken by the
4 facility against the individual for instances unrelated to their partic-
5 ipation in the treatment program. The department of corrections and
6 community supervision shall provide the office with information needed
7 to complete this report. Such report shall be sent to the governor, the
8 temporary president of the senate, the speaker of the assembly, the
9 chairman of the senate committee on crime victims, crime and correction,
10 and the chairman of the assembly committee on correction.
11 § 2. This act shall take effect immediately.