Senate Bill S8673

2017-2018 Legislative Session

Relates to the establishment of a program for the use of medication assisted treatment for inmates

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2018	recommit, enacting clause stricken
May 10, 2018	referred to crime victims, crime and correction

2017-S8673 (ACTIVE) - Details

See Assembly Version of this Bill:: A8774
Law Section:: Correction Law
Laws Affected:: Add §625, amd §45, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A833
2021-2022: A533

2017-S8673 (ACTIVE) - Summary

Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements.

2017-S8673 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8673

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the correction law, in relation to the establishment of
a program for the use of medication assisted treatment for inmates

 
PURPOSE:

This bill would allow inmates with certain substance use disorders the
opportunity to participate in a medication assisted treatment program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the correction law by adding a new section 625.

Section two amends the correction law by adding a new section 500-q.

Section three sets forth the effective date.

 
JUSTIFICATION:

Medication assisted treatment, MAT, is an effective treatment option for
those struggling with opioid addiction. The treatment uses FDA-approved
medications, along with forms of counseling and therapy to help people
be more successful on their path to recovery.  Throughout the recovery
process, many people struggle with strong cravings to use again, some-
times causing them to relapse. The medications and therapies used in MAT
programs have the ability to reduce or remove these cravings while
blocking the euphoric effect of opioids, normalizing body functions, and
stabilizing one's brain chemistry.

New York State correctional facilities do not currently have extensive
MAT programs, despite more than half of inmates diagnosed with a
substance use disorder. With a large number of inmates overdosing upon
release from correctional facilities, it is essential that we provide
inmates with treatment to overcome their addictions while in prison and
jail. Medication assisted treatment in our correctional facilities has
the ability to reduce recidivism, reduce fatal drug overdoses and reduce
the transmission of infectious diseases.

This bill would require the commissioner of the New York State Depart-
ment of Corrections and Community Supervision and the chairman of the
New York State Commission of Corrections to establish a medication
assisted treatment program at all state correctional facilities and
local jails. This program will be voluntary and offered to eligible
inmates who are facing an opioid addiction and will include the use of
medications such as methadone, buprenorphine and naltrexone combined
with weekly counseling sessions. The positive effects of these medica-
tions are well-documented, and by offering a medication assisted treat-
ment program in our correctional facilities we will better set these
individuals up for success upon their release.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:
Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or before
such date.

2017-S8673 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8673
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 the establishment of
   a program for the use of medication assisted treatment for inmates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The correction law is amended by adding a new section 625
 to read as follows:
   § 625. MEDICATION ASSISTED TREATMENT IN  CORRECTIONAL  FACILITIES.  1.
 FOR  PURPOSES  OF THIS SECTION "MEDICATION ASSISTED TREATMENT" MEANS THE
 USE OF PRESCRIBED MEDICATIONS INCLUDING, BUT NOT LIMITED TO,  METHADONE,
 BUPRENORPHINE  AND  NALTREXONE,  COMBINED WITH COUNSELING AND BEHAVIORAL
 THERAPIES, AS A  COMPREHENSIVE  APPROACH  TO  THE  TREATMENT  OF  OPIOID
 ADDICTION.
   2.  THE  COMMISSIONER  SHALL ESTABLISH A PROGRAM TO BE ADMINISTERED AT
 CORRECTIONAL FACILITIES IN THE STATE, FOR THE PURPOSE OF EMPLOYING MEDI-
 CATION ASSISTED TREATMENT FOR INMATES IN SUCH FACILITIES WHO ARE  UNDER-
 GOING  TREATMENT FOR OPIOID ADDICTION. SUCH PROGRAM SHALL INCLUDE ACCESS
 TO METHADONE, BUPRENORPHINE  AND  NALTREXONE  FOR  THE  DURATION  OF  AN
 INMATE'S  INCARCERATION.    AFTER  A  MEDICAL SCREENING, INMATES WHO ARE
 DETERMINED TO SUFFER FROM OPIOID ADDICTION, SHALL BE  OFFERED  PLACEMENT
 IN  THE MEDICATION ASSISTED TREATMENT PROGRAM. PLACEMENT IN SUCH PROGRAM
 SHALL NOT BE MANDATORY. SUCH PROGRAM  SHALL  INCLUDE  WEEKLY  COUNSELING
 SESSIONS FOR PARTICIPATING INMATES.
   3. THE COMMISSIONER SHALL SUBMIT WITHIN ONE YEAR OF THE EFFECTIVE DATE
 OF  THIS  SECTION AND ANNUALLY THEREAFTER, A REPORT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
 EFFECTIVENESS OF THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.  SUCH
 REPORTS  SHALL  INCLUDE AN ANALYSIS OF THE IMPACT OF SUCH PROGRAM ON THE
 PARTICIPATING INMATES, INCLUDING FACTORS SUCH AS  INSTITUTIONAL  ADJUST-
 MENT,  BEHAVIOR  INFRACTIONS,  AND  PROGRAM PARTICIPATION, AMONG RELATED
 RELEVANT FACTORS. THE REPORTS SHALL ALSO INCLUDE THE IMPACT ON  INSTITU-
 TIONAL  SAFETY  AND  PERFORMANCE  AND ANY RECOMMENDATIONS FOR ADDITIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13428-11-8

 S. 8673                             2

 LEGISLATIVE ENACTMENTS THAT MAY BE NEEDED  OR  REQUIRED  TO  IMPROVE  OR
 ENHANCE THE PROGRAM AS DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER.
   4.  PARTICIPATION  IN  THE MEDICATION ASSISTED TREATMENT PROGRAM SHALL
 NOT BE UNREASONABLY WITHHELD FROM A QUALIFIED INMATE.  AN  INMATE  USING
 MEDICATION ASSISTED TREATMENT PRIOR TO SUCH INMATE'S INCARCERATION SHALL
 BE  ELIGIBLE TO, UPON REQUEST BY SUCH INMATE, CONTINUE SUCH TREATMENT IN
 THE MEDICATION ASSISTED TREATMENT PROGRAM FOR ANY PERIOD OF TIME  DURING
 THE  DURATION OF SUCH INMATE'S INCARCERATION.  NO PERSON SHALL BE DENIED
 PARTICIPATION IN THE PROGRAM ON THE BASIS OF A POSITIVE  DRUG  SCREENING
 UPON  ENTERING  CUSTODY  OR  UPON INTAKE INTO THE PROGRAM; NOR SHALL ANY
 PERSON RECEIVE A DISCIPLINARY INFRACTION FOR SUCH POSITIVE DRUG  SCREEN-
 ING.  NO  PERSON  SHALL  BE REMOVED FROM, OR DENIED PARTICIPATION IN THE
 PROGRAM ON THE BASIS OF HAVING RECEIVED ANY DISCIPLINARY INFRACTION: (A)
 BEFORE ENTRY INTO THE  PROGRAM;  OR  (B)  DURING  PARTICIPATION  IN  THE
 PROGRAM.
   §  2.  Section  45  of  the  correction law is amended by adding a new
 subdivision 18 to read as follows:
   18. ESTABLISH STANDARDS AND GUIDELINES FOR  A  PROGRAM  OF  MEDICATION
 ASSISTED TREATMENT FOR INMATES IN COUNTY JAILS AND/OR COUNTY CORRECTION-
 AL FACILITIES EQUIVALENT TO THE PROGRAM ESTABLISHED IN STATE CORRECTION-
 AL  FACILITIES PURSUANT TO SECTION SIX HUNDRED TWENTY-FIVE OF THIS CHAP-
 TER AND SUBMIT AN ANNUAL REPORT  CONSISTENT  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION THREE OF SUCH SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.

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Senate Bill S8673

Sponsored By

Archive: Last Bill Status - Stricken

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2017-S8673 (ACTIVE) - Details

2017-S8673 (ACTIVE) - Summary

2017-S8673 (ACTIVE) - Sponsor Memo

2017-S8673 (ACTIVE) - Bill Text download pdf

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - Stricken

Actions

2017-S8673 (ACTIVE) - Details

2017-S8673 (ACTIVE) - Summary

2017-S8673 (ACTIVE) - Sponsor Memo

2017-S8673 (ACTIVE) - Bill Text download pdf

Comments