S T A T E   O F   N E W   Y O R K
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                                 6236--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 10, 2011
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Alcoholism and Drug Abuse -- recommitted to the Committee
  on Alcoholism and Drug Abuse in accordance with Assembly Rule 3,  sec.
  2  -- 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:
  56.  "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"   SHALL
INCLUDE   CHEMICAL   DEPENDENCE   SERVICES  AS  DEFINED  IN  SUBDIVISION
FIFTY-FIVE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06122-03-2
              

A. 6236--A                          2

  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-
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

A. 6236--A                          3

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.