Senate Bill S2193

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 Senate Committee Mental Health And Developmental Disabilities 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to mental health and developmental disabilities
Feb 13, 2009	referred to mental health and developmental disabilities

2009-S2193 (ACTIVE) - Details

See Assembly Version of this Bill:: A491
Current Committee:: Senate Mental Health And Developmental Disabilities
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: S2201, A6236
2013-2014: S4452, A2242
2015-2016: S3229, A828
2017-2018: S4009, A3095
2019-2020: A3390

2009-S2193 (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-S2193 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2193

 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-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.

 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 :

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.

2009-S2193 (ACTIVE) - Bill Text download pdf

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

                                  2193

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

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

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

S. 2193                             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

S. 2193                             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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Senate Bill S2193

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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2009-S2193 (ACTIVE) - Details

2009-S2193 (ACTIVE) - Summary

2009-S2193 (ACTIVE) - Sponsor Memo

2009-S2193 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2009-S2193 (ACTIVE) - Details

2009-S2193 (ACTIVE) - Summary

2009-S2193 (ACTIVE) - Sponsor Memo

2009-S2193 (ACTIVE) - Bill Text download pdf

Comments