S T A T E O F N E W Y O R K
________________________________________________________________________
7655
I N S E N A T E
May 23, 2014
___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, GALLIVAN, GOLDEN,
GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARTINS, MAZIARZ,
O'MARA, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- read twice
and ordered printed, and when printed to be committed to the Committee
on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to regional treatment
facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 72-a of the correction law, as amended by section 7
of subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
S 72-a. [Community] REGIONAL treatment facilities. 1. Transfer of
eligible inmate. Notwithstanding the provisions of section seventy-two
of this [chapter] ARTICLE, any inmate confined in a correctional facili-
ty who is an "eligible inmate" as defined by subdivision two of section
eight hundred fifty-one of this chapter and has been certified by the
[division of] OFFICE OF ALCOHOLISM AND substance abuse services as being
in need of substance abuse treatment and rehabilitation may be trans-
ferred by the commissioner to a [community] REGIONAL treatment facility.
2. Designation of facilities. [A community treatment facility shall be
designated by the director of the division of substance abuse services
and the commissioner. Such facility shall be operated by a provider or
sponsoring agency that has provided approved residential substance abuse
treatment services for at least two years duration.] NOTWITHSTANDING ANY
LAW TO THE CONTRARY OR THE CLOSURE OR IMPENDING CLOSURE OF CERTAIN
CORRECTIONAL FACILITIES, THE COMMISSIONER IS DIRECTED TO FACILITATE THE
USE OF FACILITIES AT BUTLER CORRECTIONAL FACILITY IN RED CREEK, NEW
YORK, MONTEREY CORRECTIONAL FACILITY IN SCHUYLER COUNTY, CHATEAUGAY
CORRECTIONAL FACILITY IN FRANKLIN COUNTY, AND MT. MCGREGOR CORRECTIONAL
FACILITY IN SARATOGA COUNTY, AS REGIONAL TREATMENT FACILITIES. SUCH
FACILITIES MUST BE OPERATED BY THE DEPARTMENT OR THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15373-02-4
S. 7655 2
3. Operating standards. The commissioner, after consultation with the
[director] COMMISSIONER of the [division of] OFFICE OF ALCOHOLISM AND
substance abuse services, shall promulgate rules and regulations which
provide for minimum standards of operation, including but not limited to
the following:
(a) provision for adequate security and protection of the surrounding
community;
(b) adequate physical plant standards;
(c) provisions for adequate program services, staffing, and record
keeping; and
(d) provision for the general welfare of the inmates.
4. Community supervision. The department shall provide for the
provision of community supervision services. All inmates residing in a
[community] REGIONAL treatment facility shall be assigned to parole
officers for supervision. Such parole officers shall be responsible for
providing such supervision.
5. Reports. The department and the [division of] OFFICE OF ALCOHOLISM
AND substance abuse services shall jointly issue quarterly reports
including a description of those facilities that have been designated as
[community] REGIONAL treatment facilities, the number of inmates
confined in each facility, a description of the programs within each
facility, and the number of absconders, if any, as well as the nature
and number of re-arrests, if any, during the individual's period of
community supervision. Copies of such reports, as well as copies of any
inspection report issued by the department or the commission of
correction shall be sent to the director of the budget, the chairman of
the senate finance committee, the chairman of the senate crime VICTIMS,
CRIME and correction committee, THE CHAIRMAN OF THE SENATE CODES COMMIT-
TEE, the chairman of the assembly ways and means committee and the
chairman of the assembly committee on codes.
6. Reimbursement. (a) [The] IF THE AFOREMENTIONED REGIONAL TREATMENT
FACILITIES ARE OPERATED BY THE commissioner, THE COMMISSIONER in consul-
tation with the [director] COMMISSIONER of the [division of] OFFICE OF
ALCOHOLISM AND substance abuse services, shall enter into an agreement
with the [division of] OFFICE OF ALCOHOLISM AND substance abuse services
whereby the [division of] OFFICE OF ALCOHOLISM AND substance abuse
services will contract with [community] treatment PROVIDERS TO BE
LOCATED AT THE facilities for provision of services pursuant to this
section [within amounts made available by the department]. Each contract
shall provide for frequent visitation, inspection of the facility, and
enforcement of the minimum standards and shall authorize the supervision
of inmates residing in a community treatment facility by parole offi-
cers.
(b) The commissioner shall promulgate rules and regulations specifying
those costs related to the general operation of community treatment
facilities that shall be eligible for reimbursement. Such eligible
costs shall not include debt service, whether principal or interest, or
costs for which state or federal aid or reimbursement is otherwise
available. Such rules and regulations shall be subject to the approval
of the director of the budget.
(c) The department shall not contract for provision of services to
more than [fifty] TWO HUNDRED FIFTY inmates at any one facility.
(d) At least thirty days prior to final approval of any such contract,
a copy of the proposed contract shall be sent to the director of the
budget, the chairman of the senate finance committee, the chairman of
the senate crime VICTIMS, CRIME and correction committee, THE CHAIRMAN
S. 7655 3
OF THE SENATE CODES COMMITTEE, the chairman of the assembly ways and
means committee, and the chairman of the assembly committee on codes.
S 2. Subdivision 14 of section 2 of the correction law, as amended by
chapter 558 of the laws of 1999, is amended to read as follows:
14. "[Community] REGIONAL treatment [facility] FACILITIES." [A resi-
dential chemical dependence facility] NOTWITHSTANDING ANY LAW TO THE
CONTRARY OR THE CLOSURE OR IMPENDING CLOSURE OF CERTAIN CORRECTIONAL
FACILITIES, THE COMMISSIONER IS DIRECTED TO FACILITATE THE USE OF FACIL-
ITIES AT BUTLER CORRECTIONAL FACILITY IN RED CREEK, NEW YORK, MONTEREY
CORRECTIONAL FACILITY IN SCHUYLER COUNTY, CHATEAUGAY CORRECTIONAL FACIL-
ITY IN FRANKLIN COUNTY, AND MT. MCGREGOR CORRECTIONAL FACILITY IN SARA-
TOGA COUNTY, AS REGIONAL TREATMENT FACILITIES. SUCH FACILITIES MAY BE
approved as provided in section 32.01 of the mental hygiene law or
pursuant to section 32.31 of such law used exclusively to provide
substance abuse treatment services to persons eligible pursuant to
section seventy-two-a of this chapter and who are otherwise eligible for
temporary release pursuant to subdivision two of section eight hundred
fifty-one of this chapter. These facilities shall [be separate and
distinct so as not to replace] REPLACE existing COMMUNITY TREATMENT
FACILITIES FOR substance abuse treatment services.
S 3. This act shall take effect immediately provided, however, that
the amendments to section 72-a of the correction law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith; provided, further, that the amendments to
subdivision 14 of section 2 of the correction law made by section two of
this act shall not affect the expiration of such subdivision and shall
be deemed to expire therewith.
