Senate Bill S4369

                                 BILL NUMBER:  S4369

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to oversight of
substance abuse services in state prisons by the commissioner of
alcoholism and substance abuse services


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require the Commissioner of Alcohol and Substance
Abuse Services to periodically review all substance abuse treatment
policies and programs operated by the Department of Correctional
Services to ensure that such programs employ evidence-based and best
practices and comply with standards established by the agency to the
fullest extent possible in a correctional setting and to report to the
governor and legislature the results of the review.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends Article 19.09, Section 2 of the Mental Hygiene Law by
adding subdivisions (a) and (b) to Section 2. Subdivision (a) provides
for periodic review by the Commissioner of substance abuse services of
all substance abuse treatment policies and programs operated by the
Department of Correctional Services to ensure that such programs
              

employ evidence-based and best practices and comply with standards
established by the agency to the fullest extent possible in a
correctional setting.  Subdivision (b) provides that review shall be
conducted, at a minimum, every two years with the first report due no
later than January 1st 2010.

 JUSTIFICATION :

The New York State Department of Correctional Services (DOCS) has
identified 85 percent of prisoners to be in need of substance abuse
treatment services. Research has shown that substance abuse treatment
in prison, combined with aftercare, significantly reduces recidivism
and lowers health care and other social service costs in the
community. Studies show that prison treatment programs also have a
significantly positive impact on inmate behavior, making our prisons
safer and more secure.

The Department of Correctional Services operates a variety of
substance abuse treatment programs at an approximate cost of 20
million dollars annually. Yet these programs function without
sufficient oversight, monitoring and involvement of the state agency
responsible for establishing policy, professional standards and
coordination of alcohol and substance abuse services in New York
State. This agency, the Office of Alcohol and Substance Abuse
Treatment Services (OASAS), licenses only two of more than twenty
substance abuse programs operated by the Department of Correctional
Services.  Correctional counselors facilitating these programs and
conducting screening upon entry to prison are not required to be
OASAS-certified substance abuse counselors. OASAS has never conducted
a comprehensive review of DOCS substance abuse programming.  Some
limitations due to security considerations are inevitable in a
correctional setting.  However, there are increasing indications that
improvements to DOCS policies and programs in this area may be
necessary. DOCS conducts few evaluations of its own programming, but a
recent report showed only a 5.2 percent reduction in recidivism for
graduates of DOCS substance abuse programs. This was less than that
achieved by all other categories of DOCS programming (vocational,
educational or aggression) and significantly less than that reported
by other prison treatment programs such as those in the federal Bureau
of Prisons.
Prisoners face lengthy waiting lists for treatment. Screening
mechanisms may be over inclusive, adding to the delays. Despite
increasing evidence that medication-assisted therapy is the most
effective treatment for opiate addiction, thousands of prisoners
dependent on heroin or other opiates have no access to methadone or
buprenorphine.  Although addiction is a chronic, relapsing disease,
prisoners who use drugs during treatment are removed from programs,
punished, and placed at the bottom of a waiting list, further delaying
completion of treatment. Most prisoners are disciplined for drug use
by confinement in the Special Housing Unit (SHU) where they have no
access to treatment services, though their behavior may be symptomatic
of clinical addiction.  Particularly in light of the budget crisis,
New Yorkers have a right to know that the funds invested in DOCS
treatment programs is mon~y well spent. This bill provides that
transparency by calling for the state agency with the professional
expertise and experience in the field of substance abuse treatment to
periodically evaluate DOCS policy and programs, making recommendations
for improvements as necessary.

 PRIOR LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None

 EFFECTIVE DATE :
This act would take immediately.