senate Bill S2201A

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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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 23 / Feb / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • 01 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 06 / Mar / 2012
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 06 / Mar / 2012
    • PRINT NUMBER 2201A
  • 12 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE

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.

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Bill Details

See Assembly Version of this Bill:
A6236A
Versions:
S2201
S2201A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §1.03, add §22.12, Ment Hyg L; add §99-u, St Fin L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2193, A491
2007-2008: A309A

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details

Sponsor Memo

BILL NUMBER:S2201A

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. Subdivision (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
studying chemical dependence prevention and treatment programs.

Section 4 amends the state finance law by adding section 99-u. 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.

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 dependence 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, inpatient 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 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
families. The full continuum of OASAS licensed, certified, or
approved alcoholism 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), methadone 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-addicted 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
treatment 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:
2010: S.2193 - Referred to Mental Health & Developmental Disabilities
2008: S.7228 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

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

                                 2201--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on Alcoholism  and
  Drug  Abuse  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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06122-02-2

S. 2201--A                          2

  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:
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-U OF THE STATE FINANCE LAW.
  (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  IN  APPROVING
FUNDS  PURSUANT  TO  SECTION  NINETY-NINE-U 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
CORRECTIONS AND COMMUNITY SUPERVISION, 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  REPRE-

S. 2201--A                          3

SENTATIVES  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  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-u  to
read as follows:
  S  99-U.    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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