S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3095
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee 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.
   § 2. Section 1.03 of the mental hygiene law is amended by adding a new
 subdivision 59 to read as follows:
   59.  "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"   SHALL
 INCLUDE  CHEMICAL  DEPENDENCE  SERVICES AS DEFINED IN SUBDIVISION FIFTY-
 FIVE OF THIS SECTION.
   § 3. The mental hygiene law is amended by adding a new  section  22.12
 to read as follows:
 § 22.12 COMMUNITY REINVESTMENT PROGRAM.

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

                                                            LBD04246-01-7

 A. 3095                             2
 
   (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-FIVE-I OF THE STATE FINANCE LAW.
   (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  IN  APPROVING
 FUNDS  PURSUANT  TO  SECTION NINETY-FIVE-I OF THE STATE FINANCE LAW, THE
 COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES
 SHALL  CONSIDER  THE EXTENT TO WHICH LOCAL GOVERNMENTAL UNITS HAVE MAIN-
 TAINED LOCAL CONTRIBUTIONS FOR EXPENDITURES IN ANY LOCAL FISCAL YEAR FOR
 LOCAL OR UNIFIED SERVICES, AS APPLICABLE, 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 FAILURE TO MAINTAIN EXPENDITURES. FUNDS
 ANNUALLY  APPROPRIATED BY THE LEGISLATURE FOR COMMUNITY CHEMICAL DEPEND-
 ENCE REINVESTMENT SERVICES ARE INTENDED  TO  PAY  FOR  THE  DEVELOPMENT,
 EXPANSION,  AND  OPERATION  OF  COMMUNITY  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 ALCO-
 HOLISM 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-
 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.

 A. 3095                             3
 
   §  4. The state finance law is amended by adding a new section 95-i to
 read as follows:
   §  95-I.    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.  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.
   §  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.
   §  6. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.