The New York State Senate

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

                                   833

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by  M.  of  A.  L. ROSENTHAL,  COOK, SIMON, LAVINE, DICKENS,
  TAYLOR, D'URSO, SEAWRIGHT, GOTTFRIED, ARROYO, RIVERA, CRESPO  --  read
  once and referred to the Committee on 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;
  and to amend the mental hygiene law, in relation to the implementation
  of substance use disorder treatment and transition services in jails

  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
TREATMENT  OF  CHEMICAL  DEPENDENCE  OR ABUSE AND CONCOMITANT CONDITIONS
WITH MEDICATIONS REQUIRING A PRESCRIPTION OR ORDER  FROM  AN  AUTHORIZED
PRESCRIBING PROFESSIONAL.
  2.  (A) THE COMMISSIONER, IN CONJUNCTION WITH THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, SHALL ESTABLISH A PROGRAM TO  BE  ADMINIS-
TERED AT CORRECTIONAL FACILITIES WITHIN THE DEPARTMENT IN THE STATE, FOR
THE  PURPOSE  OF  EMPLOYING MEDICATION ASSISTED TREATMENT FOR INMATES IN
SUCH FACILITIES WHO ARE UNDERGOING TREATMENT FOR A SUBSTANCE USE  DISOR-
DER.  SUCH PROGRAM SHALL INCLUDE ALL FORMS OF MEDICATION ASSISTED TREAT-
MENTS  APPROVED  FOR  THE  TREATMENT  OF A SUBSTANCE USE DISORDER BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE  DURATION  OF  AN  INMATE'S
INCARCERATION  AND  SHALL  PROVIDE  AN INDIVIDUALIZED TREATMENT PLAN FOR
EACH PARTICIPANT.  AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED
TO SUFFER  FROM  A  SUBSTANCE  USE  DISORDER,  FOR  WHICH  FDA  APPROVED
ADDICTION MEDICATIONS EXIST SHALL BE OFFERED PLACEMENT IN THE MEDICATION
ASSISTED  TREATMENT  PROGRAM.  PLACEMENT  IN  SUCH  PROGRAM SHALL NOT BE
MANDATORY. EACH PARTICIPATING  INMATE  SHALL  WORK  WITH  AN  AUTHORIZED
SPECIALIST  TO  DETERMINE AN INDIVIDUALIZED TREATMENT PLAN, INCLUDING AN
APPROPRIATE LEVEL OF COUNSELING.  DECISIONS REGARDING TYPE,  DOSAGE,  OR
DURATION  OF  ANY MEDICATION REGIMEN SHALL BE MADE BY A QUALIFIED HEALTH
CARE PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE  EDUCA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01849-01-9

A. 833                              2

TION  LAW WHO IS AUTHORIZED TO ADMINISTER SUCH MEDICATION IN CONJUNCTION
WITH THE INMATE.
  (B) I. SUCH PROGRAM SHALL ALSO INCLUDE CONDITIONS FOR A REENTRY STRAT-
EGY  FOR INMATES WHO HAVE PARTICIPATED IN MEDICATION ASSISTED TREATMENT.
SUCH STRATEGY SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  PROVIDING  EACH
PARTICIPATING  INMATE WITH INFORMATION ON AVAILABLE TREATMENT FACILITIES
IN  THEIR  AREA,  INFORMATION  ON  AVAILABLE  HOUSING   AND   EMPLOYMENT
RESOURCES,  AND  ANY  OTHER  INFORMATION  THAT WILL ASSIST THE INMATE IN
CONTINUED RECOVERY ONCE RELEASED. SUCH PROGRAM  SHALL  ALSO  ASSIST  THE
INMATE IN MEDICAID ENROLLMENT, PRIOR TO RELEASE.
  II.  SUCH  PROGRAM  SHALL  PROVIDE PARTICIPATING INMATES PREPARING FOR
RELEASE FROM PRISON WITH A ONE-WEEK SUPPLY OF ANY NECESSARY  MEDICATION,
WHERE  PERMISSIBLE  UNDER FEDERAL LAWS AND REGULATIONS TO CONTINUE THEIR
MEDICATION ASSISTED TREATMENT IN AN EFFORT TO PREVENT RELAPSE.
  (C) REENTRY PLANNING AND COMMUNITY SUPERVISION SHOULD INCLUDE A COLLA-
BORATIVE RELATIONSHIP BETWEEN CLINICAL AND PAROLE STAFF INCLUDING  SHAR-
ING  OF  ACCURATE  INFORMATION  REGARDING  THE INMATE'S PARTICIPATION IN
MEDICATION ASSISTED TREATMENT TO ENSURE THAT  THEIR  MEDICATION  IS  NOT
DEEMED  ILLICIT  OR ILLEGAL. ADDITIONALLY, PROCEDURES SHALL BE DEVELOPED
TO ASSIST ANY REENTRANT WHO COMMUNICATES A  RELAPSE  WITH  THEIR  PAROLE
OFFICER  OR  WHO  FAILS  A  DRUG TEST, TO RECEIVE SUBSTANCE USE DISORDER
SUPPORT IN LIEU OF ARREST AND/OR INCARCERATION.
  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, REENTRY RATES, HIV AND  HEPATITIS  C  TREAT-
MENT,  AND  PROGRAM  PARTICIPATION,  AMONG RELATED RELEVANT FACTORS. THE
REPORTS SHALL ALSO  INCLUDE  THE  IMPACT  ON  INSTITUTIONAL  SAFETY  AND
PERFORMANCE  AND  ANY  RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE ENACT-
MENTS 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 WITHHELD FROM A QUALIFIED INMATE.  AN INMATE MAY ENTER INTO  SUCH
PROGRAM  AT  ANY  TIME DURING HIS OR HER INCARCERATION.  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.

A. 833                              3

  § 3.   The mental hygiene law is  amended  by  adding  a  new  section
19.18-c to read as follows:
§ 19.18-C CORRECTIONS-BASED SUBSTANCE USE DISORDER TREATMENT AND TRANSI-
           TION SERVICES.
  1.  THE  COMMISSIONER,  IN CONSULTATION WITH LOCAL GOVERNMENTAL UNITS,
COUNTY SHERIFFS, THE NEW YORK CITY DEPARTMENT OF CORRECTIONS  AND  OTHER
STAKEHOLDERS, SHALL IMPLEMENT A JAIL-BASED SUBSTANCE USE DISORDER TREAT-
MENT AND TRANSITION SERVICES PROGRAM THAT SUPPORTS THE INITIATION, OPER-
ATION AND ENHANCEMENT OF SUBSTANCE USE DISORDER TREATMENT AND TRANSITION
SERVICES FOR PERSONS WITH SUBSTANCE USE DISORDER WHO ARE INCARCERATED IN
JAILS.
  2.  THE SERVICES TO BE PROVIDED BY SUCH PROGRAM SHALL BE IN ACCORDANCE
WITH PLANS DEVELOPED  BY  PARTICIPATING  LOCAL  GOVERNMENTAL  UNITS,  IN
COLLABORATION  WITH COUNTY SHERIFFS AND APPROVED BY THE COMMISSIONER AND
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A) ALCOHOL, BENZODIAZEPINE, HEROIN AND OPIOID WITHDRAWAL MANAGEMENT;
  (B) ALL FORMS OF  MEDICATION  ASSISTED  TREATMENTS  APPROVED  FOR  THE
TREATMENT  OF  A  SUBSTANCE  USE  DISORDER  BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION. DECISIONS REGARDING TYPE, DOSAGE,  OR  DURATION  OF  ANY
MEDICATION REGIMEN SHALL BE MADE BY A QUALIFIED HEALTH CARE PROFESSIONAL
LICENSED  OR  CERTIFIED  UNDER  TITLE  EIGHT OF THE EDUCATION LAW WHO IS
AUTHORIZED TO ADMINISTER SUCH MEDICATION IN CONJUNCTION WITH THE INMATE;
  (C) GROUP AND INDIVIDUAL COUNSELING AND CLINICAL SUPPORT;
  (D) PEER SUPPORT;
  (E) DISCHARGE PLANNING; AND
  (F) RE-ENTRY AND TRANSITIONAL SUPPORTS.
  3. (A) AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED TO SUFFER
FROM A SUBSTANCE USE DISORDER FOR WHICH  MEDICATION  ASSISTED  TREATMENT
EXISTS  SHALL  BE OFFERED PLACEMENT IN THE MEDICATION ASSISTED TREATMENT
PROGRAM. PLACEMENT IN SUCH PROGRAM SHALL NOT BE MANDATORY.
  (B) 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.
  (C) 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 SCREENING. NO PERSON SHALL BE  REMOVED  FROM,  OR
DENIED  PARTICIPATION IN THE PROGRAM ON THE BASIS OF HAVING RECEIVED ANY
DISCIPLINARY INFRACTION: (1) BEFORE  ENTRY  INTO  THE  PROGRAM;  OR  (2)
DURING PARTICIPATION IN THE PROGRAM.
  4.  WITHIN AMOUNTS APPROPRIATED THEREFOR, FUNDING SHALL BE MADE AVAIL-
ABLE PURSUANT TO CRITERIA ESTABLISHED BY THE OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE SERVICES IN CONSULTATION WITH LOCAL GOVERNMENTAL UNITS,
WHICH SHALL TAKE INTO CONSIDERATION THE LOCAL  NEEDS  AND  RESOURCES  AS
IDENTIFIED  BY  LOCAL  GOVERNMENTAL  UNITS, THE AVERAGE DAILY JAIL POPU-
LATION, THE AVERAGE NUMBER OF PERSONS  INCARCERATED  IN  THE  JAIL  THAT
REQUIRE SUBSTANCE USE DISORDER SERVICES AND SUCH OTHER FACTORS AS MAY BE
DEEMED NECESSARY.
  §  4.    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 are  authorized  to  be
made on or before such date.

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

                                 833--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by  M.  of  A.  L. ROSENTHAL,  COOK, SIMON, LAVINE, DICKENS,
  TAYLOR, D'URSO, SEAWRIGHT, GOTTFRIED, ARROYO, RIVERA, CRESPO,  JAFFEE,
  WEPRIN,  QUART,  ORTIZ  --  read once and referred to the Committee on
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the correction law, in relation to the establishment  of
  a  program  for  the use of medication assisted treatment for inmates;
  and to amend the mental hygiene law, in relation to the implementation
  of substance use disorder treatment and transition services in jails

  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 626
to read as follows:
  § 626. MEDICATION ASSISTED TREATMENT IN  CORRECTIONAL  FACILITIES.  1.
FOR  PURPOSES  OF  THIS  SECTION  "MEDICATION  ASSISTED TREATMENT" MEANS
TREATMENT OF CHEMICAL DEPENDENCE OR  ABUSE  AND  CONCOMITANT  CONDITIONS
WITH  MEDICATIONS  REQUIRING  A PRESCRIPTION OR ORDER FROM AN AUTHORIZED
PRESCRIBING PROFESSIONAL.
  2. (A) THE COMMISSIONER, IN CONJUNCTION WITH THE OFFICE OF  ALCOHOLISM
AND  SUBSTANCE  ABUSE SERVICES, SHALL ESTABLISH A PROGRAM TO BE ADMINIS-
TERED AT CORRECTIONAL FACILITIES WITHIN THE DEPARTMENT IN THE STATE, FOR
THE PURPOSE OF EMPLOYING MEDICATION ASSISTED TREATMENT  FOR  INMATES  IN
SUCH  FACILITIES WHO ARE UNDERGOING TREATMENT FOR A SUBSTANCE USE DISOR-
DER.  SUCH PROGRAM SHALL INCLUDE ALL FORMS OF MEDICATION ASSISTED TREAT-
MENTS APPROVED FOR THE TREATMENT OF A  SUBSTANCE  USE  DISORDER  BY  THE
FEDERAL  FOOD  AND  DRUG  ADMINISTRATION FOR THE DURATION OF AN INMATE'S
INCARCERATION AND SHALL PROVIDE AN  INDIVIDUALIZED  TREATMENT  PLAN  FOR
EACH PARTICIPANT.  AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED
TO  SUFFER  FROM  A  SUBSTANCE  USE  DISORDER,  FOR  WHICH  FDA APPROVED
ADDICTION MEDICATIONS EXIST SHALL BE OFFERED PLACEMENT IN THE MEDICATION
ASSISTED TREATMENT PROGRAM. PLACEMENT  IN  SUCH  PROGRAM  SHALL  NOT  BE

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

                                                           LBD01849-03-9

A. 833--A                           2

MANDATORY.  EACH  PARTICIPATING  INMATE  SHALL  WORK  WITH AN AUTHORIZED
SPECIALIST TO DETERMINE AN INDIVIDUALIZED TREATMENT PLAN,  INCLUDING  AN
APPROPRIATE  LEVEL  OF COUNSELING.  DECISIONS REGARDING TYPE, DOSAGE, OR
DURATION  OF  ANY MEDICATION REGIMEN SHALL BE MADE BY A QUALIFIED HEALTH
CARE PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE  EDUCA-
TION  LAW WHO IS AUTHORIZED TO ADMINISTER SUCH MEDICATION IN CONJUNCTION
WITH THE INMATE.
  (B) I. SUCH PROGRAM SHALL ALSO INCLUDE CONDITIONS FOR A REENTRY STRAT-
EGY FOR INMATES WHO HAVE PARTICIPATED IN MEDICATION ASSISTED  TREATMENT.
SUCH  STRATEGY  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, PROVIDING EACH
PARTICIPATING INMATE WITH INFORMATION ON AVAILABLE TREATMENT  FACILITIES
IN   THEIR   AREA,  INFORMATION  ON  AVAILABLE  HOUSING  AND  EMPLOYMENT
RESOURCES, AND ANY OTHER INFORMATION THAT  WILL  ASSIST  THE  INMATE  IN
CONTINUED  RECOVERY  ONCE  RELEASED.  SUCH PROGRAM SHALL ALSO ASSIST THE
INMATE IN MEDICAID ENROLLMENT, PRIOR TO RELEASE.
  II. SUCH PROGRAM SHALL PROVIDE  PARTICIPATING  INMATES  PREPARING  FOR
RELEASE  FROM PRISON WITH A ONE-WEEK SUPPLY OF ANY NECESSARY MEDICATION,
WHERE PERMISSIBLE UNDER FEDERAL LAWS AND REGULATIONS TO  CONTINUE  THEIR
MEDICATION ASSISTED TREATMENT IN AN EFFORT TO PREVENT RELAPSE.
  (C) REENTRY PLANNING AND COMMUNITY SUPERVISION SHOULD INCLUDE A COLLA-
BORATIVE  RELATIONSHIP BETWEEN CLINICAL AND PAROLE STAFF INCLUDING SHAR-
ING OF ACCURATE INFORMATION  REGARDING  THE  INMATE'S  PARTICIPATION  IN
MEDICATION  ASSISTED  TREATMENT  TO  ENSURE THAT THEIR MEDICATION IS NOT
DEEMED ILLICIT OR ILLEGAL. ADDITIONALLY, PROCEDURES SHALL  BE  DEVELOPED
TO  ASSIST  ANY  REENTRANT  WHO COMMUNICATES A RELAPSE WITH THEIR PAROLE
OFFICER OR WHO FAILS A DRUG TEST,  TO  RECEIVE  SUBSTANCE  USE  DISORDER
SUPPORT IN LIEU OF ARREST AND/OR INCARCERATION.
  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,  REENTRY RATES, HIV AND HEPATITIS C TREAT-
MENT, AND PROGRAM PARTICIPATION, AMONG  RELATED  RELEVANT  FACTORS.  THE
REPORTS  SHALL  ALSO  INCLUDE  THE  IMPACT  ON  INSTITUTIONAL SAFETY AND
PERFORMANCE AND ANY RECOMMENDATIONS FOR  ADDITIONAL  LEGISLATIVE  ENACT-
MENTS  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 WITHHELD FROM A QUALIFIED INMATE.  AN INMATE MAY ENTER INTO SUCH
PROGRAM AT ANY TIME DURING HIS OR HER INCARCERATION.   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:

A. 833--A                           3

  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-SIX OF THIS CHAPTER
AND SUBMIT AN ANNUAL REPORT CONSISTENT WITH THE REQUIREMENTS OF SUBDIVI-
SION THREE OF SUCH SECTION.
  §  3.    The  mental  hygiene  law  is amended by adding a new section
19.18-c to read as follows:
§ 19.18-C CORRECTIONS-BASED SUBSTANCE USE DISORDER TREATMENT AND TRANSI-
           TION SERVICES.
  1. THE COMMISSIONER, IN CONSULTATION WITH  LOCAL  GOVERNMENTAL  UNITS,
COUNTY  SHERIFFS,  THE NEW YORK CITY DEPARTMENT OF CORRECTIONS AND OTHER
STAKEHOLDERS, SHALL IMPLEMENT A JAIL-BASED SUBSTANCE USE DISORDER TREAT-
MENT AND TRANSITION SERVICES PROGRAM THAT SUPPORTS THE INITIATION, OPER-
ATION AND ENHANCEMENT OF SUBSTANCE USE DISORDER TREATMENT AND TRANSITION
SERVICES FOR PERSONS WITH SUBSTANCE USE DISORDER WHO ARE INCARCERATED IN
JAILS.
  2. THE SERVICES TO BE PROVIDED BY SUCH PROGRAM SHALL BE IN  ACCORDANCE
WITH  PLANS  DEVELOPED  BY  PARTICIPATING  LOCAL  GOVERNMENTAL UNITS, IN
COLLABORATION WITH COUNTY SHERIFFS AND APPROVED BY THE COMMISSIONER  AND
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A) ALCOHOL, BENZODIAZEPINE, HEROIN AND OPIOID WITHDRAWAL MANAGEMENT;
  (B)  ALL  FORMS  OF  MEDICATION  ASSISTED  TREATMENTS APPROVED FOR THE
TREATMENT OF A SUBSTANCE USE DISORDER  BY  THE  FEDERAL  FOOD  AND  DRUG
ADMINISTRATION.  DECISIONS  REGARDING  TYPE,  DOSAGE, OR DURATION OF ANY
MEDICATION REGIMEN SHALL BE MADE BY A QUALIFIED HEALTH CARE PROFESSIONAL
LICENSED OR CERTIFIED UNDER TITLE EIGHT OF  THE  EDUCATION  LAW  WHO  IS
AUTHORIZED TO ADMINISTER SUCH MEDICATION IN CONJUNCTION WITH THE INMATE;
  (C) GROUP AND INDIVIDUAL COUNSELING AND CLINICAL SUPPORT;
  (D) PEER SUPPORT;
  (E) DISCHARGE PLANNING; AND
  (F) RE-ENTRY AND TRANSITIONAL SUPPORTS.
  3. (A) AFTER A MEDICAL SCREENING, INMATES WHO ARE DETERMINED TO SUFFER
FROM  A  SUBSTANCE  USE DISORDER FOR WHICH MEDICATION ASSISTED TREATMENT
EXISTS SHALL BE OFFERED PLACEMENT IN THE MEDICATION  ASSISTED  TREATMENT
PROGRAM. PLACEMENT IN SUCH PROGRAM SHALL NOT BE MANDATORY.
  (B)  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.
  (C)  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 SCREENING. NO PERSON SHALL BE REMOVED FROM, OR
DENIED PARTICIPATION IN THE PROGRAM ON THE BASIS OF HAVING RECEIVED  ANY
DISCIPLINARY  INFRACTION:  (1)  BEFORE  ENTRY  INTO  THE PROGRAM; OR (2)
DURING PARTICIPATION IN THE PROGRAM.
  4. WITHIN AMOUNTS APPROPRIATED THEREFOR, FUNDING SHALL BE MADE  AVAIL-
ABLE  PURSUANT  TO  CRITERIA ESTABLISHED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES IN CONSULTATION WITH LOCAL GOVERNMENTAL  UNITS,
WHICH  SHALL  TAKE  INTO  CONSIDERATION THE LOCAL NEEDS AND RESOURCES AS
IDENTIFIED BY LOCAL GOVERNMENTAL UNITS, THE  AVERAGE  DAILY  JAIL  POPU-
LATION,  THE  AVERAGE  NUMBER  OF  PERSONS INCARCERATED IN THE JAIL THAT

A. 833--A                           4

REQUIRE SUBSTANCE USE DISORDER SERVICES AND SUCH OTHER FACTORS AS MAY BE
DEEMED NECESSARY.
  §  4.    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 are  authorized  to  be
made on or before such date.