The New York State Senate

                    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.