S T A T E O F N E W Y O R K
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5285
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. MENG, PHEFFER, N. RIVERA -- Multi-Sponsored by --
M. of A. WEISENBERG -- read once and referred to the Committee on
Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law and the correction law, in
relation to alcohol and substance abuse treatment programs for inmates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
22.13 to read as follows:
S 22.13 EVALUATION AND TREATMENT OF PERSONS COMMITTED TO THE CUSTODY OF
THE DEPARTMENT OF CORRECTIONAL SERVICES.
PERSONS COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL
SERVICES UNDER AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT
SHALL BE EVALUATED AND TREATED FOR ALCOHOL AND SUBSTANCE ABUSE DEPEND-
ENCE PROBLEMS BY PERSONS WHO ARE CREDENTIALED ALCOHOL AND SUBSTANCE
ABUSE COUNSELORS BY THE OFFICE. SUCH EVALUATION AND TREATMENT PROGRAMS
SHALL BE DEVELOPED IN COLLABORATION WITH THE DEPARTMENT OF CORRECTIONAL
SERVICES.
S 2. Subdivision 17 of section 2 of the correction law, as added by
chapter 338 of the laws of 1989, is amended to read as follows:
17. "Alcohol and substance abuse treatment [facility] PROGRAM." (A) A
correctional [facility] PROGRAM designed [to house medium security
inmates as defined by department rules and regulations and operated] for
the purpose of providing intensive alcohol and substance abuse treatment
services TO INMATES OF THE DEPARTMENT. Such services shall ensure
comprehensive treatment for alcoholism and substance abuse PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION to ALL inmates UNDER THE CUSTODY OF
THE DEPARTMENT who have been identified by the commissioner or his or
her designee, A COURT AT THE TIME SENTENCE IS IMPOSED, OR BY A PERSON
WHO IS A CREDENTIALED ALCOHOL AND SUBSTANCE ABUSE COUNSELOR BY THE
OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, as having had or pres-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05326-01-9
A. 5285 2
ently having a history of alcoholism or substance abuse. SUCH TREATMENT
PROGRAM SHALL BE DEVELOPED IN COLLABORATION WITH THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES. Such services shall be provided [in
the facility in accordance with minimum standards promulgated by the
department after consultation with the division of alcoholism and alco-
hol abuse and the division of substance abuse services] WITHIN THE
DEPARTMENT BY PERSONS WHO ARE CREDENTIALED BY THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, AND SHALL BE PROVIDED IN ACCORDANCE WITH
MINIMUM STANDARDS ESTABLISHED BY REGULATION BY THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES.
(B) THE DEPARTMENT SHALL ENSURE COMPLIANCE WITH RULES AND REGULATIONS
OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND SHALL
REQUIRE THAT INMATES WHO ARE RELEASED ON PAROLE, CONDITIONAL RELEASE OR
POST-RELEASE SUPERVISION AND WHO ARE, AS A CONDITION OF SUCH RELEASE,
REQUIRED TO PARTICIPATE IN TREATMENT AND INMATES WHO ARE TRANSFERRED TO
A COMMUNITY-BASED TREATMENT PROGRAM IN ACCORDANCE WITH THE COMMUNITY
REINTEGRATION PHASE OF THE COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE
TREATMENT PROGRAM, SHALL BE PROVIDED WITH A SUBSTANCE ABUSE TREATMENT
ASSESSMENT BY A PERSON WHO IS A CREDENTIALED ALCOHOL AND SUBSTANCE ABUSE
COUNSELOR AND COMMUNITY-BASED ALCOHOL AND SUBSTANCE ABUSE TREATMENT
SERVICES PROVIDING AN APPROPRIATE CONTINUUM OF CARE AND DESIGNED TO
REDUCE OFFENDER RECIDIVISM AND CRIME.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.