S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10866
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Finch,
   Barclay,  Palmesano,  Ashby,  Blankenbush,  Brabenec,  Byrne,  Byrnes,
   Crouch,  DeStefano,  DiPietro, Fitzpatrick, Friend, Garbarino, Giglio,
   Goodell, Hawley, Johns, Kolb, Lalor, Lawrence,  LiPetri,  Malliotakis,
   Manktelow,  McDonough,  Mikulin,  B. Miller,  M. L. Miller, Montesano,
   Morinello, Norris, Palumbo, Ra, Reilly, Salka, Schmitt,  Smith,  Smul-
   len,  Stec,  Tague,  Walczyk,  Walsh) -- read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to the establishment
   and operations of a dedicated opioid rehabilitation facility  and  the
   personal needs allowance for residents of a dedicated opioid rehabili-
   tation  facility;  to amend the criminal procedure law, in relation to
   the diversion of certain defendants to a  mandatory  opioid  rehabili-
   tation  facility;  and to amend the correction law, in relation to the
   establishment of a dedicated opioid rehabilitation  facility  and  the
   provision of corrections officers to such facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  "the  Jessica
 Nicole Gentile law".
   §  2.  Legislative  intent.  (a) Opioid addiction is a chronic disease
 that can cause major health, social and economic problems. Opioids are a
 class of drugs that act in the nervous system  to  produce  feelings  of
 pleasure  and pain relief. Some opioids are legally prescribed by health
 care providers to manage severe and chronic  pain.  Commonly  prescribed
 opioids  include  oxycodone, fentanyl, buprenorphine, methadone, oxymor-
 phone, hydrocodone,  codeine,  and  morphine.  Other  opioids,  such  as
 heroin, are illegal drugs of abuse.
   Opioid  addiction  is  characterized by a powerful, compulsive urge to
 use opioid drugs, even if or when they are no longer required medically.
 Opioids have a high potential for causing addiction in some people, even
 when the medications are prescribed appropriately and taken as directed.
 Many prescription opioids are misused or diverted to others.    Individ-
 uals  who  become  addicted may prioritize getting and using these drugs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16281-02-0

 A. 10866                            2
 
 over other activities in their lives, often negatively  impacting  their
 professional  and  personal relationships. It is unknown why some people
 are more likely to become addicted than others.
   Opioids  change the chemistry of the brain and lead to drug tolerance,
 which means that over time the dose needs to be increased to achieve the
 same effect.  Taking opioids over a long period of time produces depend-
 ence, such that when people stop taking the drug, they have physical and
 psychological symptoms of withdrawal (such as muscle cramping,  diarrhea
 and  anxiety).  Dependence  is not the same thing as addiction; although
 everyone who takes opioids for an extended period will become dependent,
 only a small percentage also experience the compulsive, continuing  need
 for the drug that characterizes addiction.
   Opioid addiction can cause life-threatening health problems, including
 the  risk  of overdose. Overdose occurs when high doses of opioids cause
 breathing to slow or stop, leading to unconsciousness and death  if  the
 overdose  is  not  treated  immediately.  Both legal and illegal opioids
 carry a risk of overdose if a person takes too much of the drug,  or  if
 opioids are combined with other drugs (particularly tranquilizers called
 benzodiazepines).
   In  many  cases,  addiction requires a gateway drug. Gateway drugs are
 substances that, when consumed,  give  way  to  harder,  more  dangerous
 drugs.  These  milder  substances,  such  as  nicotine  or  alcohol, are
 believed to open the door to the use of drugs such as meth,  heroin  and
 cocaine,  which  can  lead  to  addiction.  Opioid abuse does not always
 entail prior use of a gateway drug as  opioids  themselves  are  gateway
 drugs.
   Opioid  abuse,  along with the resulting overdose deaths, has risen to
 the point of being one of the worst drug epidemics in the history of the
 United States.   According  to  the  Centers  for  Disease  Control  and
 Prevention  (CDC)  more  than 750,000 people have died since 1999 from a
 drug overdose. Two out of three drug overdose deaths in 2018 involved an
 opioid. The CDC reports that opioids were involved in more  than  47,600
 overdose deaths in 2017 alone.
   Rarely  do  people  abusing  or addicted to opioids seek treatment for
 their addiction problems until they run  into  problems  with  the  law.
 According  to  research,  opioid abusers do not believe that quitting is
 even an option, as the  addiction  is  so  powerful,  they  cannot  even
 comprehend  being free of it. For the most part, there are no volunteers
 in current opioid recovery programs, just  forced  participants  ordered
 into  the programs by the court. This makes the legal system, in partic-
 ular the drug courts, an important part of this societal  mental  health
 crisis.
   (b)  New  York state leads the nation in the expansion and implementa-
 tion of drug courts into daily court operations.
   Drug courts  use  a  collaborative  approach  to  treatment  involving
 defense  attorneys,  prosecutors, treatment and education providers, and
 law enforcement officials. Article 216 of  the  criminal  procedure  law
 authorizes  a  criminal  drug  court to divert eligible felony offenders
 into substance abuse treatment programs in lieu of  incarceration  in  a
 correctional  facility.  Non-violent  offenders  voluntarily  enter  the
 program in which rules are clearly defined and a  contract  between  the
 offender, attorneys, the district attorney and the court is signed.
   There  are  141  drug courts in operation statewide. Defendants facing
 certain felony or misdemeanor charges where drug addiction is  a  compo-
 nent  of their offense may be eligible to participate in a criminal drug
 treatment court program. Those  who  successfully  complete  their  drug

 A. 10866                            3
 
 treatment  court  program may have their charges dismissed or reduced or
 may receive a reduction in their sentence.
   Young  adult  drug  treatment courts are operational in several of the
 criminal  courts.  These  courts  target  defendants  in  the   16-   to
 21-year-old population.
   In  2017,  New York state opened the first opioid court in the nation.
 The Buffalo Opioid Intervention Court provides  immediate  intervention,
 treatment  and medication for defendants who screen positive for opioids
 and who staff feel are at risk of overdose or addiction. The  University
 of  Buffalo  School of Family Medicine (UBFM), a grant partner, contrib-
 utes key staff positions. Those staff members provide daily case manage-
 ment for program participants and link those participants to  medication
 assisted treatment (MAT) within 48 hours of arraignment when indicated.
   In  the  Bronx,  which has one of the highest number of opioid-related
 overdoses and deaths in the state, the Bronx Opioid Avoidance and Recov-
 ery Court is a collaboration between the  court,  prosecutors,  and  the
 defense  bar.  Defendants  charged  with misdemeanor drug possession are
 diverted to existing treatment services. Because only misdemeanor offen-
 ders are eligible, charges are generally dismissed  upon  completion  of
 the recommended intervention.
   Results  from these diversion treatment programs have been positive. A
 2003 study of six drug courts conducted by the Center  for  Court  Inno-
 vation  demonstrated that the rates at which drug court graduates re-of-
 fend were significantly reduced as compared to rates at which  incarcer-
 ated   individuals   re-offended.   Notwithstanding  the  foregoing,  an
 additional treatment option is required.
   Unfortunately, a percentage of defendants passing through drug  courts
 and  their  treatment  options  have  a difficult time remaining free of
 drugs after completing treatment,  particularly  those  individuals  who
 abuse  or  are  addicted to opioids. As the American Medical Association
 has declared substance abuse a disease, it can be  assumed  some  people
 are  sicker than others.  After completing treatment in a rehabilitation
 program and returning into society, usually in the same town where their
 drug contacts were, these individuals have a  difficult  time  remaining
 drug-free.
   The  current  model of drug court will tolerate relapse after relapse,
 to a certain point.  When judges get weary of these chronically addicted
 defendants, they place them directly into the  criminal  system  of  the
 court  to  serve  prison  time.  There is no middle ground between "drug
 court" rehabilitation referral and "criminal  court  system"  incarcera-
 tion.  Once  in  the criminal court system, each opioid abuser or addict
 will cost the state approximately $65,000 to $80,000 a year (the average
 cost of maintaining a prisoner). The recidivism rate for those sentenced
 to prison is approximately 45%.
   The cost of maintaining long-term or even lifelong inmates  in  prison
 and  the  destruction of many lives could be reduced by adding an option
 to the system between drug court and the criminal  system:  a  mandatory
 state-run  opioid  rehabilitation center, where people could voluntarily
 sign away their right to leave for one year or longer  in  exchange  for
 not  being  put into the prison system. In other words, a lock-up treat-
 ment center.
   This approach stands in contrast to  current  rehabilitation  referral
 measures  which entail outpatient treatment or residential treatment for
 limited periods of time. For some  individuals,  rehabilitation  options
 are determined by their insurance plan, not their actual needs.

 A. 10866                            4
 
   A state-run residential rehabilitation center would provide drug court
 judges  with  another  alternative  to  criminal court. It would provide
 ongoing treatment over an extended period of  time;  participants  would
 not be released until health care providers believed they could success-
 fully refrain from drug use. Drug court judges would have another alter-
 native  to criminal court. They would no longer have to tolerate relapse
 after relapse.   Participants would benefit from  an  environment  where
 recovery would be easier for them.
   (c) The legislature finds and declares that it is in the best interest
 of  the people of the state of New York to reduce the burden on the drug
 courts, the cost to the state and the amount of time needed by the judi-
 cial system to handle drug cases by referring opioid-abusing or  opioid-
 addicted  criminal defendants to a facility under the supervision of the
 Office of Addiction Services  and  Supports,  while  at  the  same  time
 providing  desperately  needed treatment to such individuals. As opposed
 to incarceration, a mental health response  is  more  likely  to  reduce
 recidivism, saving both lives and taxpayer money.
   §  3.  The mental hygiene law is amended by adding a new article 23 to
 read as follows:
                                ARTICLE 23
            DEDICATED OPIOID REHABILITATION TREATMENT FACILITY
 SECTION 23.01 DEFINITIONS.
         23.02 ESTABLISHMENT OF A DEDICATED OPIOID REHABILITATION FACILI-
                 TY.
         23.03 DEDICATED OPIOID REHABILITATION FACILITY.
         23.04 ADMISSION TO A DEDICATED OPIOID  REHABILITATION  TREATMENT
                 FACILITY.
         23.05 REFERRAL  TO A DEDICATED OPIOID REHABILITATION FACILITY BY
                 AN OPIOID COURT.
         23.06 SENTENCING AGREEMENT.
         23.07 MINORS.
         23.08 DISCHARGE FROM A DEDICATED OPIOID REHABILITATION FACILITY.
         23.09 TREATMENT FOLLOWING  DISCHARGE  FROM  A  DEDICATED  OPIOID
                 REHABILITATION FACILITY.
         23.10 COURT APPEARANCES.
         23.11 RECORDS.
         23.12 LIMITATIONS.
         23.13 STUDY.
 § 23.01 DEFINITIONS.
   AS USED IN THIS ARTICLE:
   1.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS;
   2. "CORRECTIONAL  INSTITUTION"  INCLUDES  STATE,  COUNTY  AND  FEDERAL
 INSTITUTIONS OR FACILITIES OF CORRECTIONS AND JUVENILE FACILITIES;
   3.  "COURT"  OR  "DRUG  COURT" MEANS A STATE DRUG COURT, A YOUNG ADULT
 DRUG TREATMENT COURT, THE BUFFALO  OPIOID  INTERVENTION  COURT  AND  THE
 BRONX OPIOID AVOIDANCE AND RECOVERY COURT;
   4.  "DEDICATED  OPIOID  REHABILITATION FACILITY" OR "FACILITY" MEANS A
 DEDICATED OPIOID REHABILITATION FACILITY ESTABLISHED PURSUANT TO SECTION
 23.02 OF THIS ARTICLE;
   5. "DEFENDANT" MEANS AN INDIVIDUAL  REFERRED  TO  A  DEDICATED  OPIOID
 REHABILITATION  FACILITY  PURSUANT  TO AN AGREEMENT ENTERED INTO IN DRUG
 COURT;
   6. "ELIGIBLE DEFENDANT" MEANS A DEFENDANT WHO QUALIFIES AS AN ELIGIBLE
 DEFENDANT AS DEFINED IN SECTION 216.00 OF THE CRIMINAL PROCEDURE LAW;

 A. 10866                            5
 
   7. "LICENSED HEALTH CARE PROVIDER" MEANS AN INDIVIDUAL LICENSED PURSU-
 ANT TO TITLE EIGHT OF THE EDUCATION LAW;
   8.  "MINOR" MEANS A DEFENDANT AT LEAST SIXTEEN YEARS OF AGE, BUT UNDER
 EIGHTEEN YEARS OF AGE, BUT DOES NOT INCLUDE A PERSON WHO IS  THE  PARENT
 OF A CHILD OR HAS MARRIED OR WHO IS EMANCIPATED; AND
   9. "OFFICE" MEANS THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
 § 23.02 ESTABLISHMENT OF A DEDICATED OPIOID REHABILITATION FACILITY.
   1.  THE  COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS, IN CONSULTA-
 TION WITH THE COMMISSIONER OF HEALTH, THE  COMMISSIONER  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION, THE CHIEF ADMINISTRATOR OF THE COURTS AND THE
 COMMISSIONER  OF THE OFFICE OF GENERAL SERVICES, SHALL ESTABLISH A DEDI-
 CATED OPIOID REHABILITATION FACILITY FOR THE PURPOSE OF PROVIDING  LONG-
 TERM  RESIDENTIAL  TREATMENT  OF  OPIOID  ABUSING OR ADDICTED DEFENDANTS
 REFERRED TO SUCH FACILITY FROM A DRUG COURT.
   2. SUCH FACILITY SHALL BE OPERATED AND SUPERVISED  BY  THE  OFFICE  OF
 ADDICTION  SERVICES  AND  SUPPORTS,  WITH SUPPORT FROM THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION.
   3. SUCH FACILITY SHALL BE A SECURED (LOCKED) FACILITY ESTABLISHED  FOR
 THE PURPOSE OF PROVIDING LONG-TERM RESIDENTIAL TREATMENT OF OPIOID ABUSE
 AND OPIOID ADDICTION AS AN ALTERNATIVE TO INCARCERATION.
   4.  IN  SELECTING  THE  LOCATION  OF THE FACILITY, PREFERENCE SHALL BE
 GIVEN TO A SITE NEAR THE BUFFALO OPIOID INTERVENTION COURT OR THE  BRONX
 OPIOID  AVOIDANCE  AND  RECOVERY  COURT  AND  TO  FACILITIES  PREVIOUSLY
 UTILIZED AS PART OF THE CORRECTIONS SYSTEM OR THE MENTAL HEALTH  SYSTEM.
 CONSIDERATION SHALL BE GIVEN TO THE MENTAL HEALTH RESOURCES AVAILABLE IN
 THE AREA OF THE SITE.
 § 23.03 DEDICATED OPIOID REHABILITATION FACILITY.
   1.  A  DEDICATED  OPIOID  REHABILITATION TREATMENT FACILITY SHALL BE A
 SECURE (LOCKED) FACILITY.
   2. STAFF AT THE FACILITY SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) QUALIFIED AND  LICENSED  HEALTH  CARE  PROVIDERS,  COUNSELORS  AND
 SUPPORT STAFF AS DETERMINED BY THE OFFICE;
   (B)  ADMINISTRATIVE,  MAINTENANCE, CUSTODIAL AND OTHER STAFF AS DETER-
 MINED BY THE OFFICE; AND
   (C) CORRECTIONS OFFICERS, IN A NUMBER AS AGREED UPON BY THE OFFICE AND
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  SUFFICIENT  TO
 MAINTAIN  ORDER  AND REMOVE THE TEMPTATION OF DEFENDANTS RESIDING AT THE
 FACILITY TO FLEE.
   3. LIVING QUARTERS FOR DEFENDANTS REFERRED TO THE  FACILITY  SHALL  BE
 ARRANGED IN DORMITORIES HOUSING BETWEEN FOUR AND SIX DEFENDANTS.
   (A)  DORMITORY  FACILITIES  FOR MEN AND WOMEN ADMITTED TO THE FACILITY
 SHALL BE MAINTAINED SEPARATELY.
   (B) DORMITORY FACILITIES FOR MINORS  SHALL  BE  MAINTAINED  SEPARATELY
 FROM DORMITORY FACILITIES FOR ADULTS.
 § 23.04 ADMISSION TO A DEDICATED OPIOID REHABILITATION TREATMENT FACILI-
            TY.
   1.  ADMISSION  TO A DEDICATED OPIOID REHABILITATION TREATMENT FACILITY
 SHALL BE ALLOWED ONLY UPON REFERRAL BY A  DRUG  COURT  TO  THE  FACILITY
 PURSUANT  TO  THE  PROVISIONS  OF  A SENTENCING AGREEMENT AS PROVIDED IN
 SECTION 23.06 OF THIS ARTICLE.
   2. ADMISSION SHALL BE  MADE  SOLELY  FOR  THE  PURPOSE  OF  LONG-TERM,
 SECURED RESIDENTIAL TREATMENT OF OPIOID ABUSE AND ADDICTION.
   3.  A  DEFENDANT WHO HAS BEEN CHARGED WITH A CLASS A OR CLASS B FELONY
 OR OF A VIOLENT FELONY OFFENSE AS DESCRIBED  IN  SECTION  70.02  OF  THE
 PENAL  LAW  SHALL NOT BE A CANDIDATE FOR ADMISSION TO A DEDICATED OPIOID
 REHABILITATION FACILITY.

 A. 10866                            6
 
   4. A DEFENDANT SHALL NOT BE A CANDIDATE FOR ADMISSION TO THE  FACILITY
 IF,  IN THE DISCRETION OF THE SENTENCING COURT, SUCH PERSON IS DEEMED TO
 BE A DANGER TO HIMSELF OR HERSELF OR TO OTHER PEOPLE, OR TO  BE  A  HIGH
 FLIGHT RISK.
   5.  A  MINOR WHO MEETS THE CRITERIA FOR ADMISSION AS DESCRIBED IN THIS
 SECTION MAY BE ADMITTED TO THE FACILITY, SUBJECT TO  THE  PROVISIONS  OF
 SECTION 23.07 OF THIS ARTICLE.
   6.  A DEDICATED OPIOID REHABILITATION FACILITY SHALL HAVE THE RIGHT TO
 REFUSE ADMISSION TO A DEFENDANT WHOM THE FACILITY DOES NOT DEEM A  SUIT-
 ABLE  CANDIDATE FOR SUCCESSFUL COMPLETION OF THE PROGRAMS OFFERED BY THE
 FACILITY.
 § 23.05 REFERRAL TO A DEDICATED OPIOID  REHABILITATION  FACILITY  BY  AN
            OPIOID COURT.
   1.  IN HIS OR HER DISCRETION, AND IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION 216.05 OF THE CRIMINAL PROCEDURE LAW  AND  OF  THIS  ARTICLE,  A
 JUDGE  OF  A  DRUG  COURT  MAY ORDER A DEFENDANT TO ENTER TREATMENT AT A
 DEDICATED OPIOID  REHABILITATION  FACILITY.  ANY  SUCH  ORDER  SHALL  BE
 DEPENDENT  UPON  APPROVAL  BY  THE  COURT  OF  A SENTENCING AGREEMENT AS
 PROVIDED IN SECTION 23.06 OF THIS ARTICLE.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  JUDGE  SHALL  NOT  BE  REQUIRED TO APPROVE A SENTENCING AGREEMENT FOR
 REFERRAL TO A DEDICATED OPIOID REHABILITATION FACILITY, IF,  IN  HIS  OR
 HER  DISCRETION, THE JUDGE DETERMINES THAT SUCH DEFENDANT IS NOT A SUIT-
 ABLE CANDIDATE FOR ADMISSION TO SUCH FACILITY BECAUSE:
   (A) THE DEFENDANT IS DEEMED TO BE A DANGER TO HIMSELF OR HERSELF OR TO
 OTHER PEOPLE;
   (B) THE DEFENDANT IS DEEMED TO BE A HIGH FLIGHT RISK;
   (C) THE DEFENDANT SUFFERS FROM SUBSTANTIAL MENTAL ILLNESS WHICH IS NOT
 RELATED TO THE DEFENDANT'S OPIOID ABUSE OR ADDICTION,  EXCLUDING  MENTAL
 ILLNESS SUCH AS DEPRESSION WHICH MAY BE RELATED TO THE OPIOID USE;
   (D)  THE  DEFENDANT'S  PAST HISTORY INDICATES THAT THE DEFENDANT WOULD
 NOT SUCCESSFULLY COMPLETE THE FACILITY PROGRAM;
   (E) OF THE NATURE AND SEVERITY OF THE CRIME WHICH WITH  THE  DEFENDANT
 IS CHARGED; OR
   (F)  OF  SUCH OTHER REASON AS THE JUDGE, IN HIS OR HER SOLE DISCRETION
 MAY DETERMINE.
   3. (A) PRIOR RELAPSE IN AN ALTERNATE DRUG COURT TREATMENT PROGRAM OR A
 PRIVATE OR PUBLIC TREATMENT PROGRAM  SHALL  NOT  BE  A  PREREQUISITE  TO
 ADMISSION TO A DEDICATED OPIOID REHABILITATION FACILITY.
   (B)  A  DEFENDANT  WHO  HAS RELAPSED TWO OR MORE TIMES IN AN ALTERNATE
 DRUG COURT TREATMENT PROGRAM SHALL BE REFERRED FOR ADMISSION TO A  DEDI-
 CATED OPIOID REHABILITATION FACILITY OR ORDERED TO BE INCARCERATED.
   4.  (A)  AN  OPIOID  ADDICTED OR OPIOID ABUSING DEFENDANT WHO HAS BEEN
 SENTENCED TO INCARCERATION IN A CORRECTIONAL FACILITY BY  A  DRUG  COURT
 SHALL  BE  ELIGIBLE TO PETITION THE SENTENCING COURT FOR RECONSIDERATION
 OF SENTENCING AND CONSIDERATION FOR AN  ORDER  OF  THE  COURT  DIRECTING
 ADMISSION OF THE DEFENDANT TO A DEDICATED OPIOID REHABILITATION FACILITY
 IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, PROVIDED THAT:
   (I)  AT  LEAST ONE YEAR REMAINS ON SUCH DEFENDANT'S SENTENCE OF INCAR-
 CERATION; OR
   (II) IF LESS THAN ONE YEAR REMAINS ON  SUCH  DEFENDANT'S  SENTENCE  OF
 INCARCERATION,  SUCH  DEFENDANT AGREES TO REMAIN AT THE DEDICATED OPIOID
 REHABILITATION FACILITY FOR A PERIOD OF NOT LESS THAN ONE YEAR.
   (B) THE GRANTING OF A PETITION DESCRIBED IN THIS SUBDIVISION SHALL  BE
 IN THE SOLE DISCRETION OF THE COURT.

 A. 10866                            7
 
   5.  NOTHING  IN  THIS  ARTICLE  SHALL PROHIBIT A SENTENCING JUDGE FROM
 SENTENCING A DEFENDANT TO INCARCERATION IN LIEU OF ADMISSION TO A  DEDI-
 CATED OPIOID REHABILITATION FACILITY.
 § 23.06 SENTENCING AGREEMENT.
   1. PRIOR TO THE ISSUANCE OF AN ORDER DIRECTING ENTRY INTO TREATMENT AT
 A  DEDICATED OPIOID REHABILITATION FACILITY AS PROVIDED IN SECTION 23.05
 OF THIS  ARTICLE,  THE  DEFENDANT,  THE  DEFENDANT'S  ATTORNEY  AND  THE
 DISTRICT  ATTORNEY,  OR  HIS OR HER DESIGNEE, SHALL ENTER INTO A WRITTEN
 SENTENCING AGREEMENT AS PROVIDED IN THIS SECTION AND IN  SECTION  216.05
 OF THE CRIMINAL PROCEDURE LAW. SUCH AGREEMENT SHALL BE INCORPORATED INTO
 THE  RECORD  AND SHALL BE APPROVED BY THE COURT PRIOR TO THE ISSUANCE OF
 AN ORDER; PROVIDED, HOWEVER, THAT THE COURT IS NOT REQUIRED  TO  APPROVE
 ANY  AGREEMENT WHICH THE SENTENCING JUDGE FINDS DEFICIENT OR INAPPROPRI-
 ATE GIVEN THE CIRCUMSTANCES OF THE CASE. A COPY OF SUCH AGREEMENT  SHALL
 BE  PROVIDED  TO  THE  DEFENDANT, TO THE DEFENDANT'S ATTORNEY AND TO THE
 DEDICATED OPIOID REHABILITATION FACILITY THE  DEFENDANT  IS  ORDERED  TO
 ATTEND.
   2.  IN THE CASE OF A DEFENDANT WHO IS A MINOR, SUCH DEFENDANT'S PARENT
 OR GUARDIAN SHALL ALSO BE REQUIRED TO CONSENT TO THE AGREEMENT ON BEHALF
 OF THE MINOR UNLESS THE  COURT  DETERMINES  THAT  PARENTAL  OR  GUARDIAN
 INVOLVEMENT  WOULD  HAVE A DETRIMENTAL EFFECT ON THE COURSE OF TREATMENT
 OF THE MINOR OR IS NOT IN THE BEST INTERESTS OF THE MINOR. IN  THE  CASE
 OF  A  MINOR WHO IS IN THE CARE AND CUSTODY OF THE STATE, CONSENT TO THE
 AGREEMENT SHALL BE OBTAINED FROM THE APPROPRIATE REPRESENTATIVE  OF  THE
 DEPARTMENT OF SOCIAL SERVICES OR AGENCY WITH WHICH THE MINOR WAS PLACED.
   3.  IN ADDITION TO ANY REQUIREMENTS SPECIFIED IN SECTION 216.05 OF THE
 CRIMINAL PROCEDURE LAW, A SENTENCING AGREEMENT RECOMMENDING DIVERSION TO
 AN  OPIOID  REHABILITATION  FACILITY   SHALL   INCLUDE   THE   FOLLOWING
 PROVISIONS:
   (A)  THE  DEFENDANT'S AGREEMENT TO RESIDE AT THE FACILITY FOR A PERIOD
 OF NOT LESS THAN ONE YEAR NOR MORE THAN TWO YEARS, WITH  THE  LENGTH  OF
 TIME  BEING  DETERMINED  BY  THE  REHABILITATION  PROGRESS THE DEFENDANT
 MAKES;
   (B) THE DEFENDANT'S AGREEMENT TO BE  PHYSICALLY  INCARCERATED  AT  THE
 FACILITY IN LIEU OF BEING INCARCERATED AT A CORRECTIONAL FACILITY;
   (C)  A  STATEMENT BY THE DEFENDANT THAT HE OR SHE UNDERSTANDS THAT THE
 DETERMINATION OF THE DEFENDANT'S READINESS TO LEAVE THE  FACILITY  SHALL
 BE MADE BY STAFF AT THE FACILITY; AND
   (D)  A  STATEMENT  BY THE DEFENDANT THAT THE DEFENDANT UNDERSTANDS AND
 AGREES THAT IF HE OR SHE DOES NOT COMPLY WITH THE TREATMENT  PROGRAM  AT
 THE  FACILITY,  ANY  TIME  SPENT  AT  THE FACILITY SHALL NOT BE CREDITED
 TOWARD THE DEFENDANT'S SENTENCE.
 § 23.07 MINORS.
   1. IN TREATING A MINOR AT A DEDICATED OPIOID REHABILITATION  TREATMENT
 FACILITY, THE IMPORTANT ROLE OF THE PARENTS OR GUARDIANS SHALL BE RECOG-
 NIZED.  STEPS  SHALL BE TAKEN TO INVOLVE THE PARENTS OR GUARDIANS IN THE
 COURSE OF TREATMENT, UNLESS IN THE JUDGMENT OF A  LICENSED  HEALTH  CARE
 PROVIDER TREATING THE MINOR, PARENTAL OR GUARDIAN INVOLVEMENT WOULD HAVE
 A  DETRIMENTAL  EFFECT ON THE COURSE OF TREATMENT OF THE MINOR OR IS NOT
 IN THE BEST INTERESTS OF THE MINOR.
   2. TREATMENT OF A MINOR MAY BE PROVIDED TO THE  MINOR  BY  A  LICENSED
 HEALTH CARE PROVIDER OPERATING THROUGH THE FACILITY, OR A PERSON OPERAT-
 ING  UNDER  SUCH HEALTH CARE PROVIDER'S SUPERVISION, WITHOUT THE CONSENT
 OR INVOLVEMENT OF THE MINOR'S PARENT OR GUARDIAN. IN  THE  CASE  OF  THE
 TREATMENT OF A MINOR WHO IS IN THE CARE AND CUSTODY OF THE STATE, TREAT-
 MENT  OF  A MINOR MAY BE PROVIDED TO THE MINOR BY A LICENSED HEALTH CARE

 A. 10866                            8
 
 PROVIDER OPERATING THROUGH THE FACILITY, OR  A  PERSON  OPERATING  UNDER
 SUCH HEALTH CARE PROVIDER'S SUPERVISION, WITHOUT THE CONSENT OR INVOLVE-
 MENT OF THE DEPARTMENT OF SOCIAL SERVICES OR AGENCY WITH WHICH THE MINOR
 WAS PLACED.
 § 23.08 DISCHARGE FROM A DEDICATED OPIOID REHABILITATION FACILITY.
   1.  A  DEFENDANT SHALL BE DISCHARGED FROM A DEDICATED OPIOID REHABILI-
 TATION FACILITY UPON THE OCCURRENCE OF THE FIRST OF:
   (A) A DETERMINATION BY THE FACILITY HEALTH  CARE  PROVIDERS  OR  BY  A
 LICENSED  HEALTH  CARE PROVIDER DESIGNATED BY THE SENTENCING DRUG COURT,
 OR BY THE OPIOID COURT IF THE DEFENDANT'S CASE HAS BEEN  TRANSFERRED  TO
 AN  OPIOID COURT, THAT THE DEFENDANT HAS MADE SUFFICIENT PROGRESS IN HIS
 OR HER REHABILITATION TO LEAVE THE FACILITY PROGRAM, PROVIDED THAT  SUCH
 DETERMINATION  SHALL  NOT  BE  MADE UNTIL THE DEFENDANT HAS COMPLETED AT
 LEAST ONE YEAR OF SUCCESSFUL TREATMENT AT THE FACILITY;
   (B) THE EXPIRATION OF TWO YEARS AT THE FACILITY, REGARDLESS OF WHETHER
 THE DEFENDANT HAS SUCCESSFULLY  COMPLETED  THE  FACILITY  REHABILITATION
 PROGRAM;
   (C)  THE  DEFENDANT'S  REFUSAL  TO  COOPERATE WITH HIS OR HER FACILITY
 REHABILITATION PROGRAM REQUIREMENTS OR TO CONTINUE IN THE FACILITY REHA-
 BILITATION PROGRAM;
   (D) THE DEFENDANT'S MEDICAL OR PSYCHOLOGICAL INABILITY TO CONTINUE  IN
 THE  FACILITY  REHABILITATION  PROGRAM DUE TO A MEDICAL OR PSYCHOLOGICAL
 CONDITION OR  EVENT  CLINICALLY  UNRELATED  TO  THE  DEFENDANT'S  OPIOID
 ADDICTION; OR
   (E)  AT  THE  REQUEST  OF THE FACILITY TO THE COURT FOR REMOVAL OF THE
 DEFENDANT FROM THE FACILITY.
   2. A DEFENDANT WHO IS DISCHARGED FROM THE FACILITY PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION SHALL BE REFERRED BY THE
 FACILITY, UPON APPROVAL BY THE SENTENCING COURT, TO A HALFWAY HOUSE  AND
 SUPPORT PROGRAM PURSUANT TO SECTION 23.09 OF THIS ARTICLE.
   3.  A  DEFENDANT WHO IS DISCHARGED FROM THE FACILITY PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL  BE  RE-SENTENCED  BY
 THE SENTENCING COURT, OR BY THE NEAREST OPIOID COURT IF SUCH DEFENDANT'S
 CASE  HAS  BEEN  TRANSFERRED TO THE OPIOID COURT, TO SERVE THE REMAINING
 BALANCE OF SUCH DEFENDANT'S SENTENCE AT  AN  ALTERNATIVE  REHABILITATION
 PROGRAM  OR  AT  A  CORRECTIONAL INSTITUTION, IN THE COURT'S DISCRETION.
 THE FACILITY HEALTH CARE PROVIDER OR PROVIDERS WHO TREATED THE DEFENDANT
 DURING THE FACILITY REHABILITATION PROGRAM SHALL PROVIDE THE  SENTENCING
 COURT  WITH  A  WRITTEN  REPORT  OR  REPORTS  DETAILING  THE DEFENDANT'S
 PROGRESS OR LACK OF PROGRESS IN THE PROGRAM. IF, IN THE OPINION  OF  THE
 FACILITY  HEALTH CARE PROVIDERS, THE DEFENDANT HAS EVIDENCED A DESIRE TO
 OVERCOME HIS OR HER ADDICTION OR  ABUSE  ISSUES,  AND  MADE  SUBSTANTIVE
 PROGRESS TOWARD DOING SO, THE DEFENDANT SHALL RECEIVE CREDIT TOWARD TIME
 SERVED FOR HIS OR HER TIME AT THE DEDICATED OPIOID REHABILITATION FACIL-
 ITY.  IF,  IN  THE  OPINION  OF  THE FACILITY HEALTH CARE PROVIDERS, THE
 DEFENDANT HAS NOT EVIDENCED A DESIRE TO OVERCOME HIS OR HER ADDICTION OR
 ABUSE ISSUES, OR NOT MADE SUBSTANTIVE  PROGRESS  TOWARD  DOING  SO,  THE
 DEFENDANT  SHALL  NOT  RECEIVE  CREDIT TOWARD TIME SERVED FOR HIS OR HER
 TIME AT THE DEDICATED OPIOID REHABILITATION FACILITY.
   4. A DEFENDANT WHO IS DISCHARGED FROM THE FACILITY PURSUANT  TO  PARA-
 GRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION SHALL BE RE-SENTENCED BY
 THE SENTENCING COURT, OR BY THE NEAREST OPIOID COURT IF SUCH DEFENDANT'S
 CASE HAS BEEN TRANSFERRED TO THE OPIOID COURT, TO  SERVE  THE  REMAINING
 BALANCE  OF SUCH DEFENDANT'S SENTENCE AT A CORRECTIONAL INSTITUTION. THE
 FACILITY HEALTH CARE PROVIDER OR PROVIDERS  WHO  TREATED  THE  DEFENDANT
 DURING  THE FACILITY REHABILITATION PROGRAM SHALL PROVIDE THE COURT WITH

 A. 10866                            9
 
 A WRITTEN REPORT OR REPORTS DETAILING THE DEFENDANT'S PROGRESS  OR  LACK
 OF  PROGRESS  IN  THE PROGRAM. IF, IN THE OPINION OF THE FACILITY HEALTH
 CARE PROVIDERS, THE DEFENDANT HAS NOT EVIDENCED A DESIRE TO OVERCOME HIS
 OR  HER  ADDICTION  OR ABUSE ISSUES, OR MADE SUBSTANTIVE PROGRESS TOWARD
 DOING SO, THE DEFENDANT SHALL NOT RECEIVE CREDIT TOWARD TIME SERVED  FOR
 HIS  OR  HER  TIME AT THE DEDICATED OPIOID REHABILITATION FACILITY. SUCH
 DEFENDANT SHALL NOT BE ELIGIBLE FOR DIVERSION  TO  ANY  OTHER  REHABILI-
 TATION  PROGRAM  IN  LIEU  OF INCARCERATION FOR A PERIOD OF AT LEAST ONE
 YEAR; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL  PREVENT
 A  DEFENDANT FROM PARTICIPATING IN A REHABILITATION PROGRAM WHILE AT THE
 CORRECTIONAL INSTITUTION.
   5. (A) A DEFENDANT WHO IS DISCHARGED FROM A DEDICATED OPIOID REHABILI-
 TATION FACILITY PURSUANT TO PARAGRAPH (D) OF  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL BE ELIGIBLE TO RETURN TO THE OPIOID REHABILITATION FACILI-
 TY  UPON COMPLETION OF ANY NECESSARY MEDICAL OR PSYCHOLOGICAL TREATMENT,
 IF THE DEFENDANT IS MEDICALLY AND PSYCHOLOGICALLY CAPABLE OF  RETURN  TO
 THE  FACILITY  AND  CONTINUED  PARTICIPATION IN THE FACILITY'S REHABILI-
 TATION PROGRAM.  SUCH RETURN TO THE FACILITY, OR ALTERNATIVE SENTENCING,
 SHALL BE IN THE DISCRETION OF THE COURT, OR THE NEAREST OPIOID COURT  IF
 SUCH DEFENDANT'S CASE HAS BEEN TRANSFERRED TO THE OPIOID COURT.
   (B)  THE  FACILITY  HEALTH  CARE PROVIDER OR PROVIDERS WHO TREATED THE
 DEFENDANT DURING THE FACILITY REHABILITATION PROGRAM SHALL  PROVIDE  THE
 COURT  WITH  A  WRITTEN  REPORT  OR  REPORTS  DETAILING  THE DEFENDANT'S
 PROGRESS OR LACK OF PROGRESS IN THE PROGRAM PRIOR TO THE  ONSET  OF  THE
 DEFENDANT'S   INABILITY  TO  CONTINUE  IN  THE  FACILITY  REHABILITATION
 PROGRAM.
   (I) IF, IN THE OPINION OF THE  FACILITY  HEALTH  CARE  PROVIDERS,  THE
 DEFENDANT  HAS  EVIDENCED  A  DESIRE TO OVERCOME HIS OR HER ADDICTION OR
 ABUSE ISSUES, OR HAS MADE SUBSTANTIVE  PROGRESS  TOWARD  DOING  SO,  THE
 DEFENDANT  SHALL  BE ALLOWED TO RETURN TO THE DEDICATED OPIOID REHABILI-
 TATION FACILITY.
   (II) IF, IN THE OPINION OF THE FACILITY  HEALTH  CARE  PROVIDERS,  THE
 DEFENDANT HAS NOT EVIDENCED A DESIRE TO OVERCOME HIS OR HER ADDICTION OR
 ABUSE  ISSUES  OR HAS NOT MADE SUBSTANTIVE PROGRESS TOWARD DOING SO, THE
 DEFENDANT SHALL NOT BE ALLOWED TO RETURN TO THE FACILITY AND  SHALL  NOT
 RECEIVE  CREDIT  TOWARD TIME SERVED FOR HIS OR HER TIME AT THE DEDICATED
 OPIOID REHABILITATION FACILITY.
   (C) IF DURING THE PERIOD OF THE DEFENDANT'S TREATMENT FOR THE  MEDICAL
 OR  PSYCHOLOGICAL  CONDITION THAT GAVE RISE TO THE INABILITY TO CONTINUE
 IN THE FACILITY REHABILITATION PROGRAM, THE PROVISIONS OF PARAGRAPH  (A)
 OR  (B)  OF  SUBDIVISION  ONE  OF  THIS SECTION APPLY, THE PROVISIONS OF
 SUBDIVISIONS TWO OR THREE OF  THIS  SECTION,  AS  APPLICABLE,  SHALL  BE
 CONTROLLING.
   6.  A  DEFENDANT WHO IS DISCHARGED FROM THE FACILITY PURSUANT TO PARA-
 GRAPH (E) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  BE  ELIGIBLE  TO
 RETURN TO THE FACILITY.
 §  23.09 TREATMENT FOLLOWING DISCHARGE FROM A DEDICATED OPIOID REHABILI-
            TATION FACILITY.
   1. A DEFENDANT WHO IS DISCHARGED FROM  A  DEDICATED  OPIOID  REHABILI-
 TATION  FACILITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 23.08 OF THIS ARTICLE SHALL BE REQUIRED BY THE  COURT  TO  RESIDE  AT  A
 HALFWAY  HOUSE  TO  REINTEGRATE THE DEFENDANT INTO SOCIETY FOR A MINIMUM
 PERIOD OF TWO MONTHS UP TO A MAXIMUM PERIOD OF TWO YEARS.
   2. A DEFENDANT WHO IS DISCHARGED FROM  A  DEDICATED  OPIOID  REHABILI-
 TATION  FACILITY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 23.08 OF THIS ARTICLE AND SUBSEQUENTLY SENTENCED TO SERVE THE  REMAINING

 A. 10866                           10
 
 BALANCE  OF  OR A PORTION OF SUCH DEFENDANT'S SENTENCE AT AN ALTERNATIVE
 REHABILITATION PROGRAM SHALL BE REQUIRED BY THE COURT  TO  RESIDE  AT  A
 HALFWAY  HOUSE  TO  REINTEGRATE THE DEFENDANT INTO SOCIETY FOR A MINIMUM
 PERIOD  OF  TWO  MONTHS  UP  TO  A MAXIMUM PERIOD OF TWO YEARS FOLLOWING
 SUCCESSFUL COMPLETION OF THE ALTERNATIVE REHABILITATION PROGRAM.
   3. IN THE DISCRETION OF THE COUNSELORS AT THE HALFWAY HOUSE, A DEFEND-
 ANT MAY BE REQUIRED TO ATTEND ONE YEAR OF RELAPSE PREVENTION  COUNSELING
 SUBSEQUENT TO LEAVING THE HALFWAY HOUSE.
   4.  (A)  IN  THE  DISCRETION  OF  THE SENTENCING COURT, OR THE NEAREST
 OPIOID COURT IF SUCH DEFENDANT'S CASE HAS BEEN TRANSFERRED TO THE OPIOID
 COURT, A DEFENDANT WHO HAS BEEN IN COMPLIANCE WITH THE PROGRAMS  AT  THE
 DEDICATED  OPIOID  REHABILITATION FACILITY PROGRAM AND THE HALFWAY HOUSE
 AND WITH ALL ALTERNATIVE REHABILITATION AND SUPPORT  PROGRAMS  SHALL  BE
 ELIGIBLE  FOR  PROBATION  OR  OTHER  DISPOSITION  OF  HIS OR HER CASE IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TEN OF SECTION  216.05  OF
 THE CRIMINAL PROCEDURE LAW. TIME SERVED IN THE DEDICATED OPIOID REHABIL-
 ITATION  FACILITY PROGRAM, THE HALFWAY HOUSE AND OTHER ALTERNATIVE REHA-
 BILITATION AND SUPPORT  PROGRAMS  SHALL  BE  CREDITED  TOWARD  THE  TIME
 REMAINING ON THE DEFENDANT'S SENTENCE.
   (B)  IF  A  DEFENDANT RELAPSES INTO OPIOID ADDICTION OR ABUSE WHILE ON
 PROBATION, THE COURT MAY REVOKE THE SENTENCE OF PROBATION IN  ACCORDANCE
 WITH  ARTICLE  FOUR  HUNDRED  TEN OF THE CRIMINAL PROCEDURE LAW. IN SUCH
 CASE, THE DEFENDANT WILL LOSE CREDIT FOR TIME SERVED  IN  THE  DEDICATED
 OPIOID  REHABILITATION  FACILITY PROGRAM, THE HALFWAY HOUSE AND WITH ALL
 ALTERNATIVE REHABILITATION AND SUPPORT PROGRAMS.
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION,  A DEFENDANT WHO HAS BEEN DISCHARGED FROM THE HALFWAY HOUSE AND IS
 ON PROBATION MAY  VOLUNTARILY  SEEK  ADDITIONAL  TREATMENT  THROUGH  THE
 COURT,  INCLUDING A RETURN TO THE MANDATORY REHABILITATION PROGRAM OR AN
 ALTERNATIVE REHABILITATION OR SUPPORT PROGRAM, OR SEEK ADDITIONAL TREAT-
 MENT AT A PRIVATE OR PUBLIC FACILITY, WITHOUT LOSS OF  CREDIT  FOR  TIME
 SERVED  IN  THE  DEDICATED  OPIOID  REHABILITATION FACILITY PROGRAM, THE
 HALFWAY HOUSE  AND  WITH  ALL  ALTERNATIVE  REHABILITATION  AND  SUPPORT
 PROGRAMS.
 § 23.10 COURT APPEARANCES.
   1.  WHILE  RESIDING  AT  A DEDICATED OPIOID REHABILITATION FACILITY, A
 DEFENDANT SHALL  ATTEND  REQUISITE  APPEARANCES  BEFORE  THE  SENTENCING
 COURT, PROVIDED SUCH COURT IS LOCATED WITHIN THIRTY MILES OF THE FACILI-
 TY.  TRANSPORTATION  TO THE COURT SHALL BE PROVIDED BY THE DEPARTMENT OF
 CORRECTIONS. WITH THE PERMISSION OF THE`SENTENCING COURT, AND IN ACCORD-
 ANCE WITH GUIDELINES PROMULGATED  BY  THE  CHIEF  ADMINISTRATOR  OF  THE
 COURT, THE DEFENDANT MAY MAKE AN APPEARANCE AT SUCH HEARING BY ELECTRON-
 IC MEANS IN LIEU OF IN-PERSON ATTENDANCE.
   2. IF THE SENTENCING DRUG COURT IS LOCATED MORE THAN THIRTY MILES FROM
 THE DEDICATED OPIOID REHABILITATION FACILITY, THE SENTENCING COURT SHALL
 TRANSFER THE DEFENDANT'S CASE TO THE NEAREST OPIOID COURT, IN ACCORDANCE
 WITH GUIDELINES PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURT.
 § 23.11 RECORDS.
   1.  AFTER  THE ADMISSION OF ANY DEFENDANT, THE DIRECTOR OF A DEDICATED
 OPIOID REHABILITATION FACILITY SHALL, WITHIN FIVE DAYS EXCLUDING  SUNDAY
 AND  HOLIDAYS, FORWARD TO THE OFFICE SUCH INFORMATION FROM THE RECORD IN
 SUCH TIME AND MANNER AS THE COMMISSIONER SHALL  REQUIRE  BY  REGULATION.
 SUCH  INFORMATION FROM THE RECORD IN THE OFFICE SHALL BE ACCESSIBLE ONLY
 IN THE MANNER SET FORTH IN SECTIONS 33.13 AND 33.16 OF THIS CHAPTER.
   2. ALL RECORDS OF IDENTITY,  DIAGNOSIS,  PROGNOSIS,  OR  TREATMENT  IN
 CONNECTION WITH A PERSON'S RECEIPT OF CHEMICAL DEPENDENCE SERVICES SHALL

 A. 10866                           11
 
 BE CONFIDENTIAL AND SHALL BE RELEASED ONLY IN ACCORDANCE WITH APPLICABLE
 PROVISIONS  OF  THE  PUBLIC HEALTH LAW, ANY OTHER STATE LAW, FEDERAL LAW
 AND DULY EXECUTED COURT ORDERS.
 § 23.12 LIMITATIONS.
   1.  A  DEFENDANT  SHALL  NOT  BE  ELIGIBLE FOR REFERRAL TO A DEDICATED
 OPIOID REHABILITATION FACILITY MORE THAN TWO TIMES, REGARDLESS OF WHETH-
 ER THE DEFENDANT COMPLETES THE PROGRAM OFFERED BY THE FACILITY. NOTWITH-
 STANDING THE FOREGOING, IF A DEFENDANT IS UNABLE TO COMPLETE THE  COURSE
 OF  TREATMENT  AT  A  DEDICATED  OPIOID REHABILITATION FACILITY DUE TO A
 MEDICAL OR PSYCHOLOGICAL CONDITION OR EVENT CLINICALLY UNRELATED TO  THE
 DEFENDANT'S OPIOID ADDICTION, IN THE DISCRETION OF THE SENTENCING COURT,
 OR  THE OPIOID COURT IF THE DEFENDANT'S CASE HAS BEEN TRANSFERRED TO THE
 OPIOID COURT, THE DEFENDANT SHALL BE ELIGIBLE TO RETURN TO THE DEDICATED
 OPIOID REHABILITATION FACILITY UPON COMPLETION OF ANY NECESSARY  MEDICAL
 OR  PSYCHOLOGICAL  TREATMENT,  IN  ACCORDANCE  WITH  SUBDIVISION FIVE OF
 SECTION 23.08 OF THIS ARTICLE.
   2. REFERRAL TO A DEDICATED OPIOID REHABILITATION FACILITY  SHALL  ONLY
 BE  MADE  IN  THE  CASE  OF  A  DEFENDANT  WHOSE PRIMARY ADDICTION IS TO
 OPIOIDS. A DEFENDANT WHO IS NOT ADDICTED TO OPIOIDS DOES NOT QUALIFY FOR
 REFERRAL TO A DEDICATED OPIOID REHABILITATION  FACILITY,  REGARDLESS  OF
 ANY OTHER ADDICTIONS OR ABUSE ISSUES THE DEFENDANT HAS.
 § 23.13 STUDY.
   FIVE   YEARS   AFTER  THE  DEDICATED  OPIOID  REHABILITATION  FACILITY
 COMMENCES OPERATIONS, THE COMMISSIONER SHALL PROVIDE THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE
 MINORITY LEADERS OF THE SENATE AND THE ASSEMBLY WITH A REPORT EVALUATING
 WHETHER THE FACILITY PROGRAMS HAVE RESULTED IN A REDUCTION OF OPIOID USE
 IN THE GENERAL POPULATION, THE EFFECT OF  TREATMENT  IN  HELPING  REDUCE
 RECIDIVISM  AND  WHETHER  THERE  HAS  BEEN  A  COST SAVINGS TO THE STATE
 THROUGH TREATMENT THROUGH THE FACILITY IN LIEU OF INCARCERATION, TOGETH-
 ER WITH SUCH OTHER MATTERS AS THE COMMISSIONER DEEMS RELEVANT.
   § 4. The opening paragraph of subdivision (b) of section 33.08 of  the
 mental  hygiene  law,  as  added  by chapter 709 of the laws of 1986, is
 amended to read as follows:
   Any inpatient of a hospital operated by the office of mental health, A
 DEDICATED OPIOID REHABILITATION FACILITY or a state operated  alcoholism
 facility  shall  be  entitled  to  receive  a  monthly state payment for
 personal needs for each full calendar month commencing on or  after  the
 effective date of this section, in which the patient is in such hospital
 or alcoholism facility, if such patient also:
   §  5.  Subdivision  (f) of section 19.17 of the mental hygiene law, as
 amended by section 1 of part K of chapter 58 of the  laws  of  2009,  is
 amended to read as follows:
   (f)  There  shall  be in the office the facilities named below for the
 care, treatment and rehabilitation of  the  mentally  disabled  and  for
 clinical  research  and  teaching in the science and skills required for
 the care, treatment and rehabilitation of such mentally disabled.
   R.E. Blaisdell Addiction Treatment Center
   Bronx Addiction Treatment Center
   C.K. Post Addiction Treatment Center
   Creedmoor Addiction Treatment Center
   Dick Van Dyke Addiction Treatment Center
   Kingsboro Addiction Treatment Center
   McPike Addiction Treatment Center
   Richard C. Ward Addiction Treatment Center
   J.L. Norris Addiction Treatment Center

 A. 10866                           12

   South Beach Addiction Treatment Center
   St. Lawrence Addiction Treatment Center
   Stutzman Addiction Treatment Center
   A  DEDICATED  OPIOID  REHABILITATION  FACILITY ESTABLISHED PURSUANT TO
 ARTICLE TWENTY-THREE OF THIS TITLE
   § 6. Subdivisions 4, 5, 6, 7 and 8 of section 216.05 of  the  criminal
 procedure law, subdivisions 4, 6 and 7 as added by section 4 of part AAA
 of  chapter  56 of the laws of 2009, subdivision 5 as amended by chapter
 67 of the laws of 2016 and subdivision 8 as amended by  chapter  315  of
 the laws of 2016, are amended to read as follows:
   4.  When  an authorized court determines, pursuant to paragraph (b) of
 subdivision three of this section, that an eligible defendant should  be
 offered  alcohol  or  substance abuse treatment, or when the parties and
 the court agree to an eligible defendant's participation in  alcohol  or
 substance  abuse  treatment,  an  eligible  defendant  may be allowed to
 participate in the judicial diversion program offered by  this  article.
 Prior  to  the court's issuing an order granting judicial diversion, the
 eligible defendant shall be required to enter a plea of  guilty  to  the
 charge  or charges; provided, however, that no such guilty plea shall be
 required when:
   (a) the people and the court consent to the entry  of  such  an  order
 without a plea of guilty; or
   (b)  based on a finding of exceptional circumstances, the court deter-
 mines that a plea of guilty shall not be required. For purposes of  this
 subdivision,  exceptional  circumstances  exist  when, regardless of the
 ultimate disposition of the case, the entry of a plea of guilty is like-
 ly to result in severe collateral consequences; OR
   (C) THE DEFENDANT IS ORDERED TO ENTER  A  DEDICATED  OPIOID  REHABILI-
 TATION  PROGRAM  PURSUANT  TO ARTICLE TWENTY-THREE OF THE MENTAL HYGIENE
 LAW.
   5. The defendant shall agree on the record or in writing to  abide  by
 the  release  conditions set by the court, which, shall include: partic-
 ipation in a specified period of alcohol or substance abuse treatment at
 a specified program or programs  identified  by  the  court,  which  may
 include  periods of detoxification, residential or outpatient treatment,
 or both, as determined after taking into account the views of the health
 care professional who conducted the alcohol and substance  abuse  evalu-
 ation  and  any health care professionals responsible for providing such
 treatment or monitoring the defendant's progress in such treatment;  and
 may  include: (i) periodic court appearances, which may include periodic
 urinalysis; (ii) a requirement that the defendant refrain from  engaging
 in criminal behaviors; (iii) if the defendant needs treatment for opioid
 abuse  or  dependence,  that  he  or  she may participate in and receive
 medically prescribed drug treatments under the care  of  a  health  care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice, provided that no
 court shall require the use of any  specified  type  or  brand  of  drug
 during the course of medically prescribed drug treatments; AND (IV) IF A
 DEFENDANT  IN  A  CASE  BROUGHT  IN  AN OPIOID COURT NEEDS TREATMENT FOR
 OPIOID ABUSE OR DEPENDENCE, THAT HE OR SHE MAY BE REFERRED  TO  A  DEDI-
 CATED  OPIOID  REHABILITATION FACILITY IN ACCORDANCE WITH THE PROVISIONS
 OF ARTICLE TWENTY-THREE OF THE MENTAL HYGIENE LAW.
   6. (A) Upon an eligible defendant's agreement to abide by  the  condi-
 tions set by the court, the court shall issue a securing order providing
 for bail or release on the defendant's own recognizance and conditioning
 any  release  upon  the agreed upon conditions. The period of alcohol or

 A. 10866                           13
 
 substance abuse treatment shall begin as specified by the court  and  as
 soon  as  practicable after the defendant's release, taking into account
 the availability of treatment, so as to  facilitate  early  intervention
 with respect to the defendant's abuse or condition and the effectiveness
 of  the  treatment program. In the event that a treatment program is not
 immediately available or becomes unavailable during the  course  of  the
 defendant's  participation  in the judicial diversion program, the court
 may release the defendant pursuant to the securing order.
   (B) UPON THE AGREEMENT OF AN ELIGIBLE DEFENDANT IN A CASE  BROUGHT  IN
 AN  OPIOID  COURT TO ABIDE BY THE CONDITIONS SET BY THE COURT, THE COURT
 SHALL ISSUE AN ORDER DIRECTING THE COMMITMENT OF  SUCH  DEFENDANT  TO  A
 DEDICATED   OPIOID   REHABILITATION  FACILITY  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF ARTICLE TWENTY-THREE OF THE MENTAL HYGIENE LAW.
   7. (A) When participating in judicial diversion treatment pursuant  to
 this  article, any resident of this state who is covered under a private
 health insurance policy or contract issued for delivery  in  this  state
 pursuant to article thirty-two, forty-three or forty-seven of the insur-
 ance  law  or  article  forty-four  of  the public health law, or who is
 covered by a self-funded plan which provides coverage for the  diagnosis
 and  treatment of chemical abuse and chemical dependence however defined
 in such policy; shall first seek reimbursement  for  such  treatment  in
 accordance with the provisions of such policy or contract.
   (B)  IN  THE  CASE  OF A DEFENDANT ORDERED TO ENTER A DEDICATED OPIOID
 REHABILITATION FACILITY IN ACCORDANCE WITH  THE  PROVISIONS  OF  ARTICLE
 TWENTY-THREE  OF  THE MENTAL HYGIENE LAW, WHO IS COVERED UNDER A PRIVATE
 HEALTH INSURANCE POLICY OR CONTRACT ISSUED FOR DELIVERY  IN  THIS  STATE
 PURSUANT TO ARTICLE THIRTY-TWO, FORTY-THREE OR FORTY-SEVEN OF THE INSUR-
 ANCE  LAW  OR  ARTICLE  FORTY-FOUR  OF  THE PUBLIC HEALTH LAW, OR WHO IS
 COVERED BY A SELF-FUNDED PLAN WHICH PROVIDES COVERAGE FOR THE  DIAGNOSIS
 AND  TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE HOWEVER DEFINED
 IN SUCH POLICY, SUCH DEFENDANT SHALL FIRST SEEK REIMBURSEMENT  FOR  SUCH
 TREATMENT  IN  ACCORDANCE WITH THE PROVISIONS OF SUCH POLICY OR CONTRACT
 AT THE TIME OF ADMISSION TO THE DEDICATED OPIOID  REHABILITATION  CENTER
 AND  AGAIN UPON DISCHARGE FROM SUCH FACILITY AND RESUMPTION OF TREATMENT
 THROUGH ANY ALTERNATIVE IN-PATIENT OR OUTPATIENT PROGRAM.
   8. During the period of a defendant's participation  in  the  judicial
 diversion program, the court shall retain jurisdiction of the defendant,
 provided,  however, that, UNLESS THE DEFENDANT HAS BEEN ORDERED TO ENTER
 A DEDICATED  OPIOID  REHABILITATION  FACILITY  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF ARTICLE TWENTY-THREE OF THE MENTAL HYGIENE LAW, the court
 may allow such defendant to (i) reside in another jurisdiction, or  (ii)
 participate  in alcohol and substance abuse treatment and other programs
 in the jurisdiction where the defendant resides or in any  other  juris-
 diction,  while  participating  in  a  judicial  diversion program under
 conditions set by the court and agreed to by the defendant  pursuant  to
 subdivisions  five  and  six  of this section. The court may require the
 defendant to appear in court at any time to enable the court to  monitor
 the  defendant's  progress  in alcohol or substance abuse treatment. The
 court shall provide notice, reasonable under the circumstances,  to  the
 people,  the treatment provider, the defendant and the defendant's coun-
 sel whenever it orders or  otherwise  requires  the  appearance  of  the
 defendant  in  court.  Failure  to appear as required without reasonable
 cause therefor shall constitute a violation of  the  conditions  of  the
 court's agreement with the defendant.
   § 7. Section 5 of the correction law is amended by adding a new subdi-
 vision 7 to read as follows:

 A. 10866                           14
 
   7.  THE  COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF ADDICTION
 SERVICES AND SUPPORTS WITH RESPECT TO ESTABLISHING  A  DEDICATED  OPIOID
 REHABILITATION  FACILITY FOR THE PURPOSE OF PROVIDING LONG-TERM RESIDEN-
 TIAL TREATMENT OF DEFENDANTS REFERRED TO SUCH FACILITY FROM THE  BUFFALO
 OPIOID  INTERVENTION  COURT  AND THE BRONX OPIOID AVOIDANCE AND RECOVERY
 COURT, AS PROVIDED IN ARTICLE TWENTY-THREE OF THE  MENTAL  HYGIENE  LAW,
 AND  SHALL  ENTER  INTO  AGREEMENTS  WITH  THE COMMISSIONER OF ADDICTION
 SERVICES AND SUPPORTS FOR THE PROVISION OF  SECURITY  SERVICES  AT  SUCH
 FACILITY OR FACILITIES.
   §  8.  This  act shall take effect on January 1, 2021. Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.