The New York State Senate

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

                                  4943

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to annual  reporting
  on inmate substance abuse

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

  Section 1. Subdivision (h) of section 19.07 of the mental hygiene law,
as amended by section 118-f of subpart B of part C of chapter 62 of  the
laws of 2011, is amended to read as follows:
  (h)  The office of alcoholism and substance abuse services shall moni-
tor programs providing care and treatment  to  inmates  in  correctional
facilities  operated  by  the  department  of  corrections and community
supervision who have a history of alcohol or substance abuse or  depend-
ence.  The  office  shall  also  develop guidelines for the operation of
alcohol and substance abuse  treatment  programs  in  such  correctional
facilities  in  order to ensure that such programs sufficiently meet the
needs of inmates with a history of alcohol or substance abuse or depend-
ence and promote the successful transition to treatment in the community
upon release. No later than the first day of December of each year,  the
office  shall submit a report regarding: (1) the adequacy and effective-
ness of alcohol and substance abuse treatment programs operated  by  the
department  of  corrections  and  community  supervision;  (2) THE TOTAL
NUMBER OF INMATES IN CORRECTIONAL FACILITIES  THAT  HAVE  BEEN  SCREENED
FOR, AND DETERMINED TO HAVE, A SUBSTANCE ABUSE DISORDER; (3) INFORMATION
REGARDING  WHICH  SUBSTANCES  INMATES  ARE  MOST  DEPENDENT UPON AND THE
AVAILABLE TREATMENT FOR SUCH INMATES WITHIN EACH CORRECTIONAL  FACILITY;
AND (4) THE NUMBER OF INMATES RECEIVING TREATMENT IN CORRECTIONAL FACIL-
ITIES FOR EACH SUBSTANCE. SUCH REPORT SHALL BE SENT to the governor, the
temporary  president  of  the  senate,  the speaker of the assembly, the
chairman of the senate committee on crime victims, crime and correction,
and the chairman of the assembly committee on correction.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06062-01-9

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

                                 4943--A
                                                        Cal. No. 190

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced by M. of A. L. ROSENTHAL, DenDEKKER -- read once and referred
  to  the  Committee  on Alcoholism and Drug Abuse -- ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

AN  ACT to amend the mental hygiene law, in relation to annual reporting
  on substance use disorder in incarcerated individuals

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

  Section 1. Subdivision (h) of section 19.07 of the mental hygiene law,
as  amended by section 118-f of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
  (h) The office of [alcoholism and substance abuse] ADDICTION  services
AND  SUPPORTS  shall  monitor  programs  providing care and treatment to
[inmates] INCARCERATED INDIVIDUALS in correctional  facilities  operated
by  the  department  of corrections and community supervision who have a
history of alcohol or substance [abuse] USE DISORDER or dependence.  The
office  shall  also  develop guidelines for the operation of alcohol and
substance [abuse] USE DISORDER treatment programs in  such  correctional
facilities, BASED ON BEST PRACTICES, INCLUDING THE USE OF HARM REDUCTION
STRATEGIES,  AND  TAILORED  TO  THE NATURE OF THE INDIVIDUAL'S SUBSTANCE
USE, HISTORY OF PAST TREATMENT, AND HISTORY OF MENTAL ILLNESS OR TRAUMA,
in order to ensure that such programs sufficiently  meet  the  needs  of
[inmates]   INCARCERATED  INDIVIDUALS  with  a  history  of  alcohol  or
substance [abuse] USE DISORDER or dependence and promote the  successful
transition to treatment in the community upon release. No later than the
first  day  of  December  of each year, the office shall submit a report
regarding: (1) the adequacy and effectiveness of alcohol  and  substance
[abuse]  USE  DISORDER  treatment programs operated by the department of
corrections and community supervision; (2) THE TOTAL NUMBER OF INCARCER-
ATED INDIVIDUALS IN CORRECTIONAL FACILITIES THAT HAVE BEEN SCREENED FOR,
AND DETERMINED TO  HAVE,  A  SUBSTANCE  USE  DISORDER;  (3)  INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06062-05-0

A. 4943--A                          2

REGARDING  WHICH  SUBSTANCES INCARCERATED INDIVIDUALS ARE MOST DEPENDENT
UPON AND THE  AVAILABLE  TREATMENT  FOR  SUCH  INDIVIDUALS  WITHIN  EACH
CORRECTIONAL  FACILITY; AND (4) HOW MANY INDIVIDUALS PARTICIPATE IN EACH
OF  THE TREATMENT PROGRAMS OPERATED BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION AND THE SUBSTANCES TO WHICH PARTICIPANTS  IN  EACH
PROGRAM  ARE ADDICTED, AT WHAT POINT IN THEIR INCARCERATION PARTICIPANTS
BEGAN RECEIVING TREATMENT, AND HOW MANY INDIVIDUALS FAILED TO COMPLETE A
TREATMENT PROGRAM AND THE REASON, INCLUDING HOW MANY WERE REMOVED  AS  A
RESULT  OF  A  DISCIPLINARY  PROCEEDING, THE REASON FOR THIS PROCEEDING,
WHETHER THE INDIVIDUAL WAS FOUND TO HAVE USED DRUGS, WHETHER THE USE  OF
DRUGS  WAS  IDENTIFIED  THROUGH A DRUG TEST, AND WHAT THE OUTCOME OF THE
DISCIPLINARY PROCEEDING WAS, INCLUDING WHETHER THE INDIVIDUAL WAS PLACED
IN A SPECIAL HOUSING UNIT, KEEP LOCK OR RESIDENTIAL  TREATMENT  PROGRAM.
THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROVIDE
THE OFFICE WITH INFORMATION NEEDED TO COMPLETE THIS REPORT.  SUCH REPORT
SHALL BE SENT to the governor, the temporary president  of  the  senate,
the  speaker  of  the  assembly, the chairman of the senate committee on
crime victims, crime and correction, and the chairman  of  the  assembly
committee on correction.
  § 2. This act shall take effect immediately.