S T A T E O F N E W Y O R K
________________________________________________________________________
8725
I N S E N A T E
July 10, 2020
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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, AND TAILORED TO THE NATURE OF THE
INDIVIDUAL'S SUBSTANCE USE, HISTORY OF PAST TREATMENT, AND HISTORY OF
MENTAL ILLNESS OR TRAUMA, WHICH MAY INCLUDE HARM REDUCTION STRATEGIES,
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
REGARDING WHICH SUBSTANCES INCARCERATED INDIVIDUALS ARE MOST DEPENDENT
UPON AND THE AVAILABLE TREATMENT FOR SUCH INDIVIDUALS WITHIN EACH
CORRECTIONAL FACILITY; (4) THE TOTAL NUMBER OF INDIVIDUALS WHO PARTIC-
IPATE IN EACH OF THE TREATMENT PROGRAMS OPERATED BY THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION; AND (5) THE TOTAL NUMBER OF INDI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06062-09-0
S. 8725 2
VIDUALS WHO PARTICIPATED IN A SUBSTANCE USE DISORDER TREATMENT PROGRAM
BUT FAILED TO COMPLETE SUCH PROGRAM, AS WELL AS WHETHER SUCH FAILURE TO
COMPLETE THE PROGRAM WAS A RESULT OF DISCIPLINARY ACTION TAKEN BY THE
FACILITY AGAINST THE INDIVIDUAL FOR INSTANCES UNRELATED TO THEIR PARTIC-
IPATION IN THE 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.