S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2161
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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  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
 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.
                                                            LBD01849-02-9

 S. 2161                             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-SIX OF THIS CHAPTER
 AND SUBMIT AN ANNUAL REPORT CONSISTENT WITH THE REQUIREMENTS OF SUBDIVI-
 SION THREE OF SUCH SECTION.

 S. 2161                             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
 ________________________________________________________________________
 
                                  2161--A
     Cal. No. 600
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sens.  BAILEY, BIAGGI, CARLUCCI, MYRIE, RIVERA, SALAZAR,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed  to  the Committee on Crime Victims, Crime and Correction --
   reported favorably from said committee and committed to the  Committee
   on Finance -- reported favorably from said committee, ordered to first
   and  second  report,  ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01849-07-9

 S. 2161--A                          2
 
 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-
 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)

 S. 2161--A                          3
 
 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-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, TAKING INTO ACCOUNT LOCAL NEEDS  AND
 AVAILABLE  RESOURCES.  THESE  PLANS MUST BE APPROVED BY THE COMMISSIONER
 AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) ALCOHOL, BENZODIAZEPINE, HEROIN AND OPIOID WITHDRAWAL MANAGEMENT;
   (B) AT LEAST ONE FORMULATION OF  EVERY  FORM  OF  MEDICATION  ASSISTED
 TREATMENTS APPROVED FOR THE TREATMENT OF A SUBSTANCE USE DISORDER BY THE
 FEDERAL FOOD AND DRUG ADMINISTRATION NECESSARY TO ENSURE THAT EACH INDI-
 VIDUAL  PARTICIPATING  IN THE PROGRAM RECEIVES THE PARTICULAR FORM FOUND
 TO BE THE MOST EFFECTIVE AT TREATING AND MEETING THEIR INDIVIDUAL NEEDS.
 THE COMMISSIONER MAY ALLOW JAILS A LIMITED EXEMPTION TO PROVIDING OPIOID
 TREATMENT MEDICATIONS WHERE THE COMMISSIONER DETERMINES THAT NO  PROVID-
 ERS  THAT  HAVE RECEIVED THE REQUIRED ACCREDITATION ARE LOCATED WITHIN A
 REASONABLE DISTANCE  OF  THE  FACILITY.  JAILS  THAT  DO  NOT  HAVE  THE
 RESOURCES  AVAILABLE  TO  MEET STANDARDS SET FORTH HEREIN SHALL APPLY TO
 THE COMMISSIONER FOR A LIMITED EXCEPTION ALLOWING  SUCH  JAIL  TO  ENTER
 INTO  AN  AGREEMENT  WITH  A  COMMUNITY-  OR JAIL-BASED PROGRAM OFFERING
 SUBSTANCE USE DISORDER TREATMENT AND TRANSITION SERVICES TO PROVIDE SUCH
 SERVICES TO INDIVIDUALS IN SUCH JAILS. ANY SUCH DETERMINATION  SHALL  BE
 REVIEWED ON A REGULAR BASIS;
   (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, INCARCERATED INDIVIDUALS 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)  EACH  PARTICIPATING  INCARCERATED  INDIVIDUAL  SHALL WORK WITH AN
 AUTHORIZED SPECIALIST  TO  DEVELOP  AN  INDIVIDUALIZED  TREATMENT  PLAN,
 INCLUDING AN APPROPRIATE LEVEL OF COUNSELING AND PLANNING FOR CONTINUITY
 OF CARE UPON RETURN TO THE COMMUNITY.

 S. 2161--A                          4
 
   (C)  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 INCARCERATED INDIVID-
 UAL.
   (D)  PARTICIPATION  IN THE MEDICATION ASSISTED TREATMENT PROGRAM SHALL
 NOT BE UNREASONABLY WITHHELD FROM A QUALIFIED  INCARCERATED  INDIVIDUAL.
 AN  INCARCERATED INDIVIDUAL USING MEDICATION ASSISTED TREATMENT PRIOR TO
 SUCH INDIVIDUAL'S INCARCERATION SHALL BE ELIGIBLE TO,  UPON  REQUEST  BY
 SUCH  INDIVIDUAL,  CONTINUE  SUCH  TREATMENT  IN THE MEDICATION ASSISTED
 TREATMENT PROGRAM FOR ANY PERIOD OF TIME DURING  THE  DURATION  OF  SUCH
 INDIVIDUAL'S INCARCERATION.
   (E)  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 WHILE IN THE PROGRAM.  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.
   5. ANY JAIL-BASED SUBSTANCE  USE  DISORDER  TREATMENT  AND  TRANSITION
 SERVICES PROGRAM THAT IS ALREADY IN OPERATION AT THE TIME THIS ACT SHALL
 HAVE  BECOME  LAW  AND  MEETS OR EXCEEDS THE STANDARDS SET FORTH IN THIS
 SECTION SHALL BE DEEMED TO HAVE MET THE REQUIREMENTS OF SUBDIVISIONS ONE
 AND TWO OF THIS SECTION. SUCH PROGRAMS SHALL CERTIFY ANNUALLY IN WRITING
 TO THE COMMISSIONER THAT THEY HAVE MET OR  EXCEEDED  THE  STANDARDS  SET
 FORTH HEREIN.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.