NY State Assembly Bill 2009-A491

Assembly Bill A491

2009-2010 Legislative Session

Provides for the reinvestment of funds into community-based services for persons suffering from chemical dependence and for establishment of fund

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to alcoholism and drug abuse
Mar 03, 2009	reported referred to ways and means
Jan 07, 2009	referred to alcoholism and drug abuse

2009-A491 (ACTIVE) - Details

See Senate Version of this Bill:: S2193
Current Committee:: Assembly Alcoholism And Drug Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §1.03, add §22.12, Ment Hyg L; add §99-q, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6236, S2201
2013-2014: A2242, S4452
2015-2016: A828, S3229
2017-2018: A3095, S4009
2019-2020: A3390

2009-A491 (ACTIVE) - Summary

Provides for the reinvestment of funds generated by savings due to declines in the state prison census into community-based services for persons suffering from chemical dependence and for the establishment of the chemical dependence reinvestment fund; provides for the establishment of the state interagency council on chemical dependence reinvestment fund utilization and for the composition thereof.

2009-A491 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A491

TITLE  OF  BILL:    An act to amend the mental hygiene law and the state
finance law, in relation to the reinvestment of  funds  into  community-
based services for persons suffering from chemical dependence

PURPOSE OR GENERAL IDEA OF BILL:

This  bill,  to  be  known as the Drug Law Reform Reinvestment Act, will
reinvest savings realized from the reduction in  costs  associated  with
the  incarceration  of  drug  offenders  into community based treatment,
prevention, education, and job skill training programs for  alcohol  and
substance abusers.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  providers for the legislative intent and findings as related
to the decline in the state prison inmate census, due to the utilization
of alternatives to incarceration and  changes  in  sentencing  laws  for
persons  convicted of drug offenses, as well as the benefits of chemical
dependence prevention.

Section 2 amends the mental hygiene law by adding subdivision  56.  This
subdivision   defines   "community   chemical   dependence  reinvestment
services."

Section 3 amends the mental hygiene law by adding section 22.12. Section
22.12, subdivision (a) provides for the establishment of  the  Community
Reinvestment  Program  which  directs  the Commissioner of the Office of
Alcoholism and Substance Abuse to plan, promote, develop,  evaluate  and
conduct  programs  and  services  of prevention, diagnosis, examination,
care, treatment, rehabilitation, education and research for  individuals
who  suffer from and/or are at risk for chemical dependence. Subdivision
(b) states that all money received or accepted pursuant to this  section
shall be deposited in the chemical dependence reinvestment fund.  Subdi-
vision  (c)  states that in approving funds pursuant to this section the
commissioner of OASAS shall consider the extent of  local  contributions
for  expenditures  for local services provided to persons diagnosed with
chemical dependence. Subdivision (d) establishes the  state  interagency
council on chemical dependence reinvestment fund utilization, which will
be  charged with development and implementation of a schedule for study-
ing chemical dependence prevention and treatment programs.

Section 4 amends the state finance law  by  adding  section  99-q.  This
section   establishes   the   Chemical   dependence  reinvestment  fund.
Subsection 1 establishes a fund in the joint custody of the  comptroller
and the commissioner of taxation and finance to be known as the chemical
dependence reinvestment fund.

Section  5 states that each year and independent actuarial accounting of
the savings generated from the declines in the state prison census shall
be conducted and the results reported to the governor, the  division  of

the  budget,  the  senate  finance committee, and time assembly ways and
means committee no later than December 31.

Section 6 is the effective date.

JUSTIFICATION:

Alcoholism  and substance abuse is one of our State and Nation's leading
public health problems, costing many  billions  of  dollars  and  untold
suffering  in  many  families and every community. Recent studies by the
New York State Office of Alcoholism and  Substance  Abuse  Services  and
other  leading  researchers  have  documented  the dramatic successes of
treatment and prevention in reducing not just alcohol and  drug  depend-
ence  and  abuse,  but also crime, AIDS, welfare, homelessness and other
health and social ills.

Expanded alcoholism and substance abuse treatment and prevention will be
the linchpin of any successful effort to reform our state's  drug  laws,
as  courts  and  prosecutors must have additional resources available so
they can divert appropriate addicted offenders from prison. Yet New York
State has failed to adequately fund our existing base of alcoholism  and
substance  abuse  treatment and prevention programs. These programs have
struggled throughout the past decade to  maintain  their  place  as  the
leading  providers  of  those  services in the Nation as budget cuts and
lack of resources to address  inflation  and  additional  administrative
requirements  erode  their  very  foundation.  Treatment  and prevention
programs, as well as vocational and job  skill  training  programs  need
additional  resources  to  be  able to recruit and retain staff, install
computer technology, and otherwise meet administrative requirements. The
goal of assisting the many thousands of  addicted  offenders  and  their
families  who will need treatment, prevention, and job training services
as a result of Rockefeller Drug Law Reform will not be  realized  unless
we stabilize our existing community system.

The  Drug  Law  Reform Reinvestment Act will address all these issues by
providing the resources necessary to shore up time  existing  foundation
of  our  nation-leading  alcoholism  and  substance  abuse treatment and
prevention system as well as develop the necessary capacity  to  provide
services  to  the thousands of people diverted from prison every year by
sentencing reform.

Successful outcomes from the treatment of alcoholism and substance abuse
are to be expected if the addicted individual receives  the  appropriate
level  of  care  for  the proper duration of time and with the necessary
aftercare. The single greatest predictor of treatment success is  length
of stay in treatment. OASAS outcomes data demonstrate dramatic decreases
in problem behaviors after six months in treatment. Drug and alcohol use
decreases  dramatically  as  does use of expensive healthcare (ER, inpa-
tient hospital stay), arrests, incarceration, child abuse  and  neglect,
domestic   violence,   and   other   undesirable  behaviors.  Employment
increases, dependency on public assistance  decreases,  and  quality  of
life improve after six months or more of treatment.

OASAS  licensed community-based treatment is essential for public safety
and public health. Releasing inmates or diverting  arrestees  without  a
strong  treatment  and  job  training component will pose a considerable
public risk. Community-based treatment provides a therapeutic  structure
that  increases  dramatically  the  likelihood that a person will remain
drug/alcohol free and become a law abiding, productive citizen.

The Drug Reform and Community Reinvestment Act of 2001 utilizes  savings
created  by  Rockefeller  Drug Law Reform to strengthen base funding for
existing  alcoholism  and  substance  abuse  treatment  and   prevention
programs (licensed or approved by OASAS) and to expand those services to
address the needs of persons targeted by drug law reform and their fami-
lies. The full continuum of OASAS licensed, certified, or approved alco-
holism   and  substance  abuse  treatment,  prevention,  and  vocational
services will be supported by the reinvestment fund. Treatment  services
include outpatient, day treatment, inpatient, residential, emergency and
crisis services, detoxification (inpatient and community- based), metha-
done  and  other  pharmacotherapy, halfway houses and supportive living,
aftercare services, services for homeless chemically  addicted  persons,
services  for  persons  with dual disorders, services for chemically-ad-
dicted persons with and/or at risk for or HIV  infection,  HIV  -related
illness  or  AIDS,  and  other hard to serve populations. Core treatment
services, monitoring and reporting progress to the courts, and necessary
ancillary services will be eligible for support.

Reinvestment is the best way to fund a major initiative to  make  treat-
ment  the  first  option  in  addressing behaviors related to addiction.
Reinvestment has been crucial to the strengthening of New  York  State's
mental health system. The experience of time mental health field and the
lessons  learned  about  the  best  way to implement reinvestment should
inform time development of Drug Law Reform Community Reinvestment.

PRIOR LEGISLATIVE HISTORY:

2007-08- A.309-A- Referred to Ways and Means 2005-06-  A.1168-  Referred
to Alcoholism and Drug Abuse
2003-04- A.9264- Referred to Alcoholism and Drug Abuse

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

30 Days after having become law.

2009-A491 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   491

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Alcoholism and Drug Abuse

AN  ACT  to  amend  the mental hygiene law and the state finance law, in
  relation to the reinvestment of funds  into  community-based  services
  for persons suffering from chemical dependence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent and findings.    The  legislature  finds
that  declines in the state prison inmate census, due to the utilization
of alternatives to incarceration and changes in the sentencing laws  for
persons convicted of drug offenses, create concomitant demand and strain
on community-based chemical dependence treatment services.
  The legislature also finds that as state expenditures for incarcerated
individuals  are  reduced due to the aforementioned interventions, it is
necessary and appropriate to establish a dedicated  fund,  comprised  of
those  savings, which will be reinvested into the development and expan-
sion of community-based chemical  dependence  treatment  and  prevention
programs.
  The  legislature  further  finds  that  as it is well established that
chemical dependence prevention  and  treatment  is  the  most  effective
response  to  chemical  abuse  and  addiction and the resulting criminal
offenses,  the  availability  of  effective  prevention  and   treatment
programs should be a prominent component of the state's response.
  S 2. Section 1.03 of the mental hygiene law is amended by adding a new
subdivision 56 to read as follows:
  56.   "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"  SHALL
INCLUDE  CHEMICAL  DEPENDENCE  SERVICES  AS   DEFINED   IN   SUBDIVISION
FIFTY-FIVE OF THIS SECTION.
  S  3.  The mental hygiene law is amended by adding a new section 22.12
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02577-01-9

A. 491                              2

S 22.12 COMMUNITY REINVESTMENT PROGRAM.
  (A)  THE  COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES SHALL PLAN, PROMOTE, ESTABLISH, DEVELOP, COORDINATE,  EVALUATE,
AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS, EXAMINATION,
CARE,  TREATMENT, REHABILITATION, EDUCATION AND VOCATIONAL TRAINING, AND
RESEARCH FOR THE BENEFIT OF INDIVIDUALS WHO SUFFER FROM  AND/OR  ARE  AT
RISK  FOR  CHEMICAL  DEPENDENCE.  SUCH  PROGRAMS  SHALL  BE  LICENSED OR
APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES  AND
SHALL  INCLUDE  BUT  NOT  BE LIMITED TO INPATIENT, RESIDENTIAL, HALF-WAY
HOUSE, OUTPATIENT, METHADONE MAINTENANCE TREATMENT, EMERGENCY, REHABILI-
TATIVE, EDUCATIONAL AND  VOCATIONAL  AND  OTHER  APPROPRIATE  TREATMENT,
PREVENTION AND SUPPORT SERVICES.
  (B)  ALL MONEYS RECEIVED OR ACCEPTED PURSUANT TO THIS SECTION SHALL BE
DEPOSITED INTO THE CHEMICAL  DEPENDENCE  REINVESTMENT  FUND  ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-Q OF THE STATE FINANCE LAW.
  (C)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, IN APPROVING
FUNDS PURSUANT TO SECTION NINETY-NINE-Q OF THE  STATE  FINANCE  LAW  AND
SECTION  26.00 OF THIS TITLE, THE COMMISSIONER OF THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES SHALL  CONSIDER  THE  EXTENT  TO  WHICH
LOCAL GOVERNMENTAL UNITS HAVE MAINTAINED LOCAL CONTRIBUTIONS FOR EXPEND-
ITURES IN ANY LOCAL FISCAL YEAR FOR LOCAL OR UNIFIED SERVICES, AS APPLI-
CABLE,  PROVIDED  TO PERSONS DIAGNOSED WITH CHEMICAL DEPENDENCE AND MADE
PURSUANT TO THIS ARTICLE, AT A LEVEL EQUAL TO OR GREATER THAN THE AMOUNT
EXPENDED THAT FISCAL YEAR. SUCH  COMMISSIONER  SHALL  BE  AUTHORIZED  TO
REDUCE  PAYMENTS  MADE  TO  LOCAL GOVERNMENTAL UNITS WHICH HAVE RECEIVED
GRANTS PURSUANT TO THIS SECTION, IN THE FOLLOWING FISCAL YEAR FOR  FAIL-
URE  TO MAINTAIN EXPENDITURES. FUNDS ANNUALLY APPROPRIATED BY THE LEGIS-
LATURE FOR  COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES  ARE
INTENDED  TO PAY FOR THE DEVELOPMENT, EXPANSION, AND OPERATION OF COMMU-
NITY CHEMICAL DEPENDENCE SERVICES. ANNUAL COMMUNITY CHEMICAL  DEPENDENCE
REINVESTMENT  FUNDS  SHALL  NOT BE USED TO SUPPLANT OR REPLACE COMMUNITY
CHEMICAL DEPENDENCE COSTS OF ANY PROVIDER THAT WERE PREVIOUSLY PAID FROM
THE PRIOR YEAR'S OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES
GENERAL FUND APPROPRIATIONS FOR THE IDENTICAL PURPOSE.
  (D) THERE IS HEREBY ESTABLISHED THE STATE INTERAGENCY COUNCIL ON CHEM-
ICAL DEPENDENCE REINVESTMENT FUND UTILIZATION. THIS COUNCIL SHALL DEVEL-
OP  AND IMPLEMENT A SCHEDULE FOR STUDYING CHEMICAL DEPENDENCE PREVENTION
AND TREATMENT PROGRAMS, FOCUSING ON THE AVAILABILITY  OF  SUCH  PROGRAMS
AND  WHETHER  THESE  PROGRAMS ADEQUATELY MEET THE NEEDS OF THOSE INMATES
RELEASED FROM DEPARTMENT OF CORRECTIONS FACILITIES. FURTHER, THIS  COUN-
CIL  SHALL RECOMMEND ANY NEEDED EXPANSIONS TO CHEMICAL DEPENDENCE TREAT-
MENT PROGRAMS. BY JANUARY FIRST OF THE YEAR FOLLOWING IMPLEMENTATION  OF
THIS SECTION, THIS COUNCIL SHALL REPORT ITS FINDING TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH
COUNCIL  SHALL OPERATE INDEPENDENTLY AND SHALL CONSIST OF A CHAIRPERSON,
CHOSEN BY THE COUNCIL MEMBERS, AND THE COMMISSIONERS OF  THE  OFFICE  OF
ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES, THE OFFICE OF COURT ADMINIS-
TRATION, THE DIVISION OF CRIMINAL JUSTICE SERVICES,  THE  DEPARTMENT  OF
CORRECTIONAL  SERVICES,  AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
THE COUNCIL SHALL ALSO CONSIST OF NINE REPRESENTATIVES SELECTED FROM THE
FOLLOWING THREE COMMUNITIES AS FOLLOWS: THREE REPRESENTATIVES  FROM  THE
SERVICE  PROVIDER  COMMUNITY;  THREE  REPRESENTATIVES  FROM THE CONSUMER
COMMUNITY; AND THREE REPRESENTATIVES WHO  SHALL  BE  FAMILY  MEMBERS  OF
CONSUMERS. ONE REPRESENTATIVE FROM EACH OF THESE THREE COMMUNITIES SHALL
BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE GOVERNOR, THE

A. 491                              3

SPEAKER  OF  THE  ASSEMBLY,  THE MINORITY LEADER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE SENATE.
  S  4. The state finance law is amended by adding a new section 99-q to
read as follows:
  S 99-Q.  CHEMICAL DEPENDENCE REINVESTMENT FUND.  1.  THERE  IS  HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF  TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE CHEMICAL DEPENDENCE
REINVESTMENT FUND.
  2. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE  AND
ALLOCATION  BY THE DIRECTOR OF BUDGET, SHALL BE AVAILABLE TO THE COMMIS-
SIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR  THE
DEVELOPMENT, EXPANSION AND OPERATION OF NEW AND EXPANDED COMMUNITY CHEM-
ICAL  DEPENDENCE  SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO,  SERVICES
RENDERED TO PERSONS MANDATED INTO CHEMICAL DEPENDENCE TREATMENT IN  LIEU
OF INCARCERATION BY THE CRIMINAL JUSTICE SYSTEM.  SPECIFIC AMOUNTS SHALL
BE  MADE  AVAILABLE  FOR  APPROPRIATION UPON DETERMINATIONS MADE BY SUCH
COMMISSIONER PURSUANT TO SUBDIVISION (B) OF SECTION 26.00 OF THE  MENTAL
HYGIENE  LAW.  SUCH FUNDS MADE AVAILABLE TO THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES MAY ALSO BE  USED  TO  DEVELOP  STATE  OPERATED
SERVICES,  INCLUDING  EMERGENCY  AND  CRISIS  SERVICES,  CASE MANAGEMENT
SERVICE, EDUCATION AND VOCATIONAL SERVICES, SERVICES FOR HOMELESS CHEMI-
CALLY-ADDICTED PERSONS WITH AND/OR AT RISK FOR HIV INFECTION, HIV-RELAT-
ED ILLNESSES OR AIDS, PERSONS DUALLY-DIAGNOSED WITH CHEMICAL  DEPENDENCE
AND  MENTAL ILLNESS, OTHER HARD TO SERVE POPULATIONS, AND OTHER SPECIAL-
IZED SERVICES AS APPROVED BY SUCH COMMISSIONER.
  S 5. Each year an independent  actuarial  accounting  of  the  savings
generated  from  declines  in the state prison census shall be conducted
and the results reported to the governor, the division  of  the  budget,
the  senate  finance committee and the assembly ways and means committee
no later than one year following the effective date of this act.
  S 6. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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