NY State Senate Bill 2017-S4009

Senate Bill S4009

2017-2018 Legislative Session

Provides for the reinvestment of funds into community-based services for persons suffering from chemical dependence and for establishment of fund

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2018	reported and committed to finance
Jan 03, 2018	referred to mental health and developmental disabilities
Jun 21, 2017	committed to rules
May 02, 2017	advanced to third reading
May 01, 2017	2nd report cal.
Apr 26, 2017	1st report cal.660
Feb 01, 2017	referred to mental health and developmental disabilities

Votes

- Feb 6, 2018 - Committee Vote
  S4009
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Feb 6, 2018
      
      aye (11)
      
      Bailey
      
      Brooks
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
  Apr 26, 2017 - Committee Vote
  S4009
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 26, 2017
      
      aye (9)
      
      Brooks
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      excused (2)
      
      Bailey
      
      Krueger

2017-S4009 (ACTIVE) - Details

See Assembly Version of this Bill:: A3095
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §1.03, add §22.12, Ment Hyg L; add §95-i, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2193, A491
2011-2012: S2201, A6236
2013-2014: S4452, A2242
2015-2016: S3229, A828
2019-2020: A3390

2017-S4009 (ACTIVE) - Summary

Provides for the reinvestment of funds generated by savings due to declines in the state prison census into community-based services for persons suffering from chemical dependence and for the establishment of the chemical dependence reinvestment fund; provides for the establishment of the state interagency council on chemical dependence reinvestment fund utilization and for the composition thereof.

2017-S4009 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4009

 TITLE OF BILL :  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

 PURPOSE :

This bill will reinvest savings realized from the reduction in costs
associated with the incarceration of drug offenders into community
based treatment, prevention, education, and job skill training
programs for alcohol and substance abusers.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill provides for the legislative intent and
findings as related to the decline in the state prison inmate census,
due to the utilization of alternatives to incarceration and changes in
sentencing laws for persons convicted of drug offenses, as well as the
benefits of chemical dependence prevention.

Section two of this bill amends Mental Hygiene Law section 1.03 by
adding a new subdivision 59. This subdivision defines the term
"community chemical dependence reinvestment services."

Section three of this bill amends the Mental Hygiene Law by adding
section 22.12 entitled "Community reinvestment program." Subdivision
(a) directs the Commissioner of the Office of Alcoholism and Substance
Abuse Services ("OASAS") to plan, promote, develop, evaluate and
conduct programs and services of prevention, diagnosis, examination,
care, treatment, rehabilitation, education and research for
individuals who suffer from and/or are at risk for chemical
dependence. Subdivision (b) states that all money received or accepted
pursuant to this section shall be deposited in the chemical dependence
reinvestment fund that is established pursuant to State Finance Law
section 99-v. Subdivision (c) states that in approving funds pursuant
to this section the Commissioner of OASAS shall consider the extent
that local governments have maintained local contributions for
expenditures for local services provided to persons diagnosed with
chemical dependence. Subdivision (d) establishes the state interagency
council on chemical dependence reinvestment fund utilization, which
will be charged with development and implementation of a schedule for
studying chemical dependence prevention and treatment programs.

Section four of this bill amends the State Finance Law by adding new
section 95-i. Subdivision 1 provides that the Chemical Dependence
Reinvestment Fund is established in the joint custody of the
Comptroller and the Commissioner of Taxation and Finance. Subdivision
2 provides that following appropriation by the, Legislature, moneys
held in the fund shall be available to the Commissioner of OASAS for
community chemical dependence services.

Section five of this bill provides that each year and independent
actuarial accounting of the savings generated from the 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.

Section six of this bill provides that this act shall take effect on
the first of April next succeeding the date on which it shall have
become a law.

 JUSTIFICATION :

Alcoholism and substance abuse is one of our State and Nation's
leading public health problems, costing many billions of dollars and
untold suffering in many families and every community. Recent studies
by the New York State Office of Alcoholism and Substance Abuse
Services ("OASAS") and other leading researchers have documented the
dramatic successes of treatment and prevention in reducing not just
alcohol and drug dependence and abuse, but also crime, AIDS, welfare,
homelessness and other health and social ills.

Expanded alcoholism and substance abuse treatment and prevention will
be the linchpin of any successful effort to reform our State's drug
laws, as Courts and prosecutors must have additional resources
available so they can divert appropriate addicted offenders from
prison. Unfortunately, New York State has failed to adequately fund
our existing base of alcoholism and substance abuse treatment and
prevention programs. These programs have struggled throughout the past
decade to maintain their place as the leading providers of those
services in the Nation as budget cuts and lack of resources to address
inflation and additional administrative requirements erode their very
foundation. Treatment and prevention programs, as well as vocational
and job skill training programs, need additional resources to be able
to recruit and retain staff, install computer technology, and
otherwise meet administrative requirements. The State's goal of
assisting the many thousands of addicted offenders and their families
who will need treatment, prevention, and job training services as a
result of Rockefeller Drug Law Reform will not be realized unless we
stabilize our existing community system.

This bill will address all these issues by providing the resources
necessary to support the existing foundation of our Nation-leading
alcoholism and substance abuse treatment and prevention system, as
well as develop the necessary capacity to provide services to the
thousands of people diverted from prison every year by sentencing
reform.

Successful outcomes from the treatment of alcoholism and substance
abuse are to be expected if the addicted individual receives the
appropriate level of care for the proper duration of time and with the
necessary aftercare. The single greatest predictor of treatment
success is length of stay in treatment. The OASAS outcomes data
demonstrates dramatic decreases in problem behaviors after six months
in treatment. Drug and alcohol use decreases dramatically as does use
of expensive healthcare (ER, inpatient hospital stay), arrests,
incarceration, child abuse and neglect, domestic violence, and other
undesirable behaviors. Employment increases, dependency on public
assistance decreases, and quality of life improve after six months or
more of treatment.

OASAS licensed community-based treatment is essential for public
safety and public health. Releasing inmates or diverting arrestees
without a strong treatment and job training component will pose a
considerable public risk. Community-based treatment provides a
therapeutic structure that increases dramatically the likelihood that
a person will remain drug/alcohol free and become a law abiding,
productive citizen.

This bill utilizes savings created by Rockefeller Drug Law Reform to
strengthen base funding for existing alcoholism and substance abuse
treatment and prevention programs (licensed or approved by OASAS) and
to expand those services to address the needs of persons targeted by
drug law reform and their families. The full continuum of OASAS
licensed, certified, or approved alcoholism and substance abuse
treatment, prevention, and vocational services will be supported by
the reinvestment fund. Treatment services include outpatient, day
treatment, inpatient, residential, emergency and crisis services,
detoxification (inpatient and community-based), methadone and other
pharmacotherapy, halfway houses and supportive living, aftercare
services, services for homeless chemically addicted persons, services
for persons with dual disorders, services for chemically-addicted
persons with and/or at risk for or HIV infection, HIV-related illness
or AIDS, and other hard to serve populations. Core treatment services,
monitoring and reporting progress to the courts, and necessary
ancillary services will be eligible for support.

Reinvestment is the best way to fund a major initiative to make
treatment the first option in addressing behaviors related to
addiction. Reinvestment has been crucial to the strengthening of New
York State's mental health system.

 PRIOR LEGISLATIVE HISTORY :

2016: S.3229-A - Referred to Alcoholism and Drug Abuse
2015: S.3229 - Referred to Alcoholism and Drug Abuse
2013-14: S.4452 - Referred to Mental Health & Developmental
Disabilities
2011-12: S.2201-A - Reported to Finance
2009-10: S.2193 - Referred to Mental Health & Developmental
Disabilities
2008: S.7228 - Referred to Mental Health & Developmental Disabilities

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

2017-S4009 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4009
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 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.
   § 2. Section 1.03 of the mental hygiene law is amended by adding a new
 subdivision 59 to read as follows:
   59.  "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"   SHALL
 INCLUDE  CHEMICAL  DEPENDENCE  SERVICES AS DEFINED IN SUBDIVISION FIFTY-
 FIVE OF THIS SECTION.
   § 3. The mental hygiene law is amended by adding a new  section  22.12
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04246-01-7

 S. 4009                             2
 
 § 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-FIVE-I OF THE STATE FINANCE LAW.
   (C)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, IN APPROVING
 FUNDS PURSUANT TO SECTION NINETY-FIVE-I OF THE STATE  FINANCE  LAW,  THE
 COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
 SHALL CONSIDER THE EXTENT TO WHICH LOCAL GOVERNMENTAL UNITS  HAVE  MAIN-
 TAINED LOCAL CONTRIBUTIONS FOR EXPENDITURES IN ANY LOCAL FISCAL YEAR FOR
 LOCAL  OR UNIFIED SERVICES, AS APPLICABLE, 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 FAILURE TO MAINTAIN EXPENDITURES. FUNDS
 ANNUALLY APPROPRIATED BY THE LEGISLATURE FOR COMMUNITY CHEMICAL  DEPEND-
 ENCE  REINVESTMENT  SERVICES  ARE  INTENDED  TO PAY FOR THE DEVELOPMENT,
 EXPANSION, AND OPERATION  OF  COMMUNITY  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 ALCO-
 HOLISM  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
 COMMUNITIES SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,

 S. 4009                             3
 
 THE  GOVERNOR,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
 ASSEMBLY AND THE MINORITY LEADER OF THE SENATE.
   §  4. The state finance law is amended by adding a new section 95-i to
 read as follows:
   § 95-I.  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.  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.
   § 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.
   § 6. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.

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