senate Bill S7655A

2013-2014 Legislative Session

Directs a study to determine the feasibility of converting certain correctional facilities into treatment centers

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to correction
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1144
committee discharged and committed to rules
May 27, 2014 print number 7655a
amend (t) and recommit to crime victims, crime and correction
May 23, 2014 referred to crime victims, crime and correction

Votes

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Jun 3, 2014 - Rules committee Vote

S7655A
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 3, 2014 - Crime Victims, Crime and Correction committee Vote

S7655A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jun 3, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S7655 - Bill Details

Current Committee:
Law Section:
Correction Law

S7655 - Bill Texts

view summary

Directs the department of correctional services and community supervision and the OASAS to conduct a study to determine the feasibility of converting certain correctional facilities into treatment centers.

view sponsor memo
BILL NUMBER:S7655

TITLE OF BILL: An act to amend the correction law, in relation to
regional treatment facilities

PURPOSE: This bill amends the Correction Law to designate community
treatment facilities as regional treatment facilities.

SUMMARY OF PROVISIONS: Section 1 of the bill amends Correction Law
section 72-a to designate community treatment facilities as regional
treatment facilities. Such facilities are residential chemical
dependence treatment facilities to be used exclusively to provide
substance abuse treatment services to persons eligible pursuant to
section seventy-two-a of the Correction Law and who are otherwise
eligible for temporary release pursuant to subdivision two of section
eight hundred fifty-one of the Correction Law. Notwithstanding any law
to the contrary or the closure or impending closure of certain
correctional facilities, the Commissioner of the Department of
Correctional Services and Community Supervision is directed to
facilitate the use of facilities at Butler Correctional Facility,
Monterey Correctional Facility, Chateaugay Correctional Facility and
Mt. McGregor Correctional Facility as regional treatment facilities.
Such facilities must be operated by the Department of Correctional
Services or the Division of Substance Abuse Services.

Section 2 of the bill amends subdivision 14 of section 2 of the
Correction Law to define regional correctional facilities

Section 3 of the bill is the effective date.

JUSTIFICATION: The bill directs the Commissioner of the Department of
Correctional Services and Community Supervision to facilitate the use
of four correctional facilities that are currently scheduled for
closure as regional treatment facilities. If the regional treatment
facilities are operated by the Department of Correctional Services and
Community Supervision, the Commissioner, shall enter into an agreement
with the Division of Substance Abuse Services whereby the Division
will contract with treatment providers to be located at the
facilities. This bill will provide adequate beds at the four
facilities and will ensure that those inmates who need substance abuse
treatment, and who otherwise meet the criteria eligibility for such
treatment will receive such treatment.

FISCAL IMPLICATIONS: To be determined.

Effective date: This act shall take effect immediately.

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                    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.

Co-Sponsors

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S7655A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law

S7655A (ACTIVE) - Bill Texts

view summary

Directs the department of correctional services and community supervision and the OASAS to conduct a study to determine the feasibility of converting certain correctional facilities into treatment centers.

view sponsor memo
BILL NUMBER:S7655A

TITLE OF BILL: An act directing the study of the feasibility of
converting certain correctional facilities into treatment facilities

PURPOSE:

This bill directs the Department of Correctional Services and the
Office of Alcoholism and Substance Abuse Services to conduct a study
to determine the feasibility of converting correctional facilities
which are closed or scheduled to be closed, to be used as treatment
facilities for persons addicted to controlled substances.

Summary of provisions:

Section one of the bill directs the Department of Correctional
Services and Community Supervision and the Office of Alcoholism and
Substance Abuse Services to conduct a study to determine the
feasibility of converting correctional facilities, which are closed or
scheduled to be closed, to be used as treatment facilities for the
treatment of persons with substance abuse addiction both on an
in-patient residential basis and an outpatient basis. The study shall
be comprehensive and shall evaluate the efficacy of removing
individuals from the community and placing those individuals in
residential treatment facilities, assess the value of treatment in a
facility which was formerly used as a correctional facility, and
perform an analysis of the extent of renovations needed as well as an
estimate of the cost of those renovations. Other considerations are to
be taken into account as part of the study, such as the number of
participants for operating efficiency and the factors to be
considering in determining or recommending the treatment modalities to
be provided.

Section two provides that the study is to be completed and a report
issued within sixty days.

JUSTIFICATION:

Adequate treatment facilities and programs and a sufficient supply of
treatment beds has been an issue in the substance abuse treatment
field for some time and the recent dramatic increase of heroin
addiction, which is reaching epidemic proportions has amplified that
shortage. The state has been closing prisons for some time and plans
to close additional prisons in the very near future. This bill
requires that a study be done of those correctional facilities to
determine the feasibility of converting those facilities to treatment
facilities. The need for additional beds has become obvious and this
bill provides an opportunity to whether those beds can be provided in
existing facilities owned by the state.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7655--A

                            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,  RANZENHOFER,  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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  directing  the  study  of the feasibility of converting certain
  correctional facilities into treatment facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  department  of  correctional  services and community
supervision and the office of alcoholism and  substance  abuse  services
are directed to conduct a study to determine the feasibility of convert-
ing correctional facilities, which are closed or scheduled to be closed,
to  be  used as treatment facilities for the treatment of persons with a
substance abuse addiction both on an in-patient residential basis and an
out-patient basis.
  The study shall include an evaluation  of  the  efficacy  of  removing
addicted  individuals  from  the community and placing such persons in a
residential treatment facility for comprehensive therapy and shall  also
include an assessment of the value of such treatment in a facility which
was  formerly used as a correctional facility away from the community of
residence of the individual. An analysis  shall  also  be  made  of  the
extent  of  renovations  which  may  be necessary in connection with the
conversion of the facilities, including an estimate of the cost of  such
renovations.
  Consideration  shall be given to factors such as the number of partic-
ipants necessary for the most efficient operation of such a  program  on
an  in-patient residential basis and an out-patient basis. Also a deter-
mination shall be made with respect to the factors to be  considered  in
determining  or  recommending  the  types  of treatment modalities to be
provided.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15373-03-4

S. 7655--A                          2

  The study shall also take into consideration that those  eligible  for
admission into treatment programs shall be addicted individuals who have
a  demonstrated  history of addiction and do not have a current or prior
history of engaging in any conduct  involving  the  sale  of  controlled
substances.
  S  2. The study shall be completed and a report submitted to the chair
of the senate crime victims, crime and correction committee,  the  chair
of  the  senate  codes  committee,  the chair of the assembly correction
committee and the assembly codes committee  within  sixty  days  of  the
effective date of this act.
  S 3. This act shall take effect immediately.

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