NY State Senate Bill 2025-S5317

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2025	referred to crime victims, crime and correction

2025-S5317 (ACTIVE) - Details

See Assembly Version of this Bill:: A3936
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §626, Cor L; amd §19.07, Ment Hyg L

2025-S5317 (ACTIVE) - Summary

Requires the office of addiction services and supports to collect certain demographic data for incarcerated individuals in medication assisted treatment programs.

2025-S5317 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5317

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law and the mental hygiene law, in
relation to data collected for medication assisted treatment programs at
correctional facilities

 
PURPOSE OR GENERAL IDEA OF BILL::

To require the collection of certain demographic data.

 
SUMMARY: OF SPECIFIC PROVISIONS:

The bill amends certain provisions of the correction law to, among other
things, require the collection demographic information of incarcerated
individuals - including race, ethnicity, gender, and age - in each
correctional facility. The bill also requires the collection of informa-
tion regarding medication assisted treatment programs operated by the
Department of Corrections and Community Supervision and local counties.
This information includes the demographic data described above, as well

as the number of individuals that are offered necessary medication, the
number of individuals who accept or decline medication and the reason
therefor, and the rates of overdose by incarcerated individuals who are
prescribed medications for opioid use disorder, among other points of
data.

 
JUSTIFICATION::

Chapter 432 of the laws of 2021 required all New York State prisons and
local jails to provide those who are incarcerated and struggling with a
substance use disorder access to medication assisted treatment

(MAT). MAT is an evidence-based treatment approach that utilizes medica-
tions that block cravings and reduce withdrawal symptoms with counseling
and behavioral therapy. Since taking effect in October 2022, there has
been inconsistent reporting by state prisons and local jails, raising
questions about how participation in the program varies by facility and
the processes that may be used to determine a person's eligibility and
monitor their progress.

This legislation amends the existing law's reporting requirements to
streamline the process and requires that annual reports include demo-
graphic information such as the race, ethnicity, gender and age of
program participants. Under this legislation, the reports must also
Include much more information on the details of the MAT program.  With
comprehensive reporting, we can evaluate this program and make changes
as needed. New York State remains the largest state in the nation to
offer MAT at every correctional facility and it is important that indi-
viduals in need of treatment have the same access to care at every
correctional facility.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None to the State.

 
EFFECTIVE DATE::

Immediately.

2025-S5317 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5317
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 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  and the mental hygiene law, in
   relation to data collected for medication assisted treatment  programs
   at correctional facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 626  of  the  correction  law,  as
 separately  amended  by  chapters  147  and  486 of the laws of 2022, is
 amended to read as follows:
   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 incarcerated individuals, including  factors  such  as
 institutional  adjustment,  behavior infractions, reentry rates, HIV and
 hepatitis C treatment, and program participation, among related relevant
 factors. The reports shall also  include  the  impact  on  institutional
 safety  and  performance and any recommendations for additional legisla-
 tive enactments that may be needed or required to improve or enhance the
 program as determined to be appropriate by the commissioner], ALONG WITH
 THE STATE COMMISSION OF CORRECTION, PROVIDE DATA NECESSARY  TO  COMPLETE
 THE  REPORT  REQUIRED  BY SUBDIVISION (H) OF SECTION 19.07 OF THE MENTAL
 HYGIENE LAW TO THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES  AND
 SUPPORTS.
   §  2.  Subdivision  (h) of section 19.07 of the mental hygiene law, as
 separately amended by chapters 322 and 494  of  the  laws  of  2021,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02571-01-5
 S. 5317                             2

 
   (h)  The  office  of  addiction  services  and  supports shall monitor
 programs providing care and treatment to  incarcerated  individuals  WHO
 HAVE  A  HISTORY  OF  ALCOHOL OR SUBSTANCE USE DISORDER OR DEPENDENCE in
 correctional facilities operated by the department  of  corrections  and
 community  supervision  [who  have a history of alcohol or substance use
 disorder or dependence] AND LOCAL  COUNTIES.    The  office  shall  also
 develop guidelines for the operation of alcohol and substance use disor-
 der  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  incarcerated  individuals
 with  a  history  of alcohol or substance 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 IN COLLABORATION WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION AND THE STATE COMMISSION OF CORRECTION shall submit a report
 regarding: (1) the adequacy and effectiveness of alcohol  and  substance
 use   disorder   treatment   programs  operated  by  the  department  of
 corrections and community  supervision  AND  LOCAL  COUNTIES,  INCLUDING
 MEDICATION ASSISTED TREATMENT PROGRAMS AS ESTABLISHED BY SECTION 19.18-C
 OF  THIS  ARTICLE  AND  SECTION SIX HUNDRED TWENTY-SIX OF THE CORRECTION
 LAW; (2) the total number of incarcerated individuals AND THE DEMOGRAPH-
 IC INFORMATION OF SUCH INCARCERATED INDIVIDUALS INCLUDING RACE, ETHNICI-
 TY, GENDER AND AGE in  EACH  correctional  [facilities  that  have  been
 screened  for,  and  determined  to  have,  a  substance  use  disorder]
 FACILITY; (3) information regarding which substances incarcerated  indi-
 viduals  are  most  OFTEN dependent upon and the available treatment for
 such individuals within each correctional facility; (4) the total number
 of individuals who participate in each of the treatment  programs  oper-
 ated  by  the  department  of  corrections and community supervision AND
 LOCAL COUNTIES; [and] (5) the total number of  individuals  who  partic-
 ipated  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 participation in
 the treatment program; AND (6) INFORMATION REGARDING MEDICATION ASSISTED
 TREATMENT PROGRAMS OPERATED BY THE DEPARTMENT OF CORRECTIONS AND  COMMU-
 NITY  SUPERVISION  AND  LOCAL  COUNTIES,  FOR WHICH ALL INDICES SHALL BE
 BROKEN DOWN BY RACE, ETHNICITY, GENDER AND AGE, AND WHICH SHALL  INCLUDE
 THE FOLLOWING:
   (I)  THE  NUMBER  OF INDIVIDUALS SCREENED AT EACH FACILITY AND AT WHAT
 POINT DURING SUCH INDIVIDUAL'S INCARCERATION THEY WERE SCREENED AND  HOW
 MANY  HAD  AN  EXISTING PRESCRIPTION FOR A MEDICATION TO TREAT SUBSTANCE
 USE DISORDER BEFORE BECOMING INCARCERATED;
   (II) THE NUMBER OF INDIVIDUALS DETERMINED  TO  HAVE  A  SUBSTANCE  USE
 DISORDER  THAT  CAN  BE  TREATED  WITH  ONE OF THE FEDERAL FOOD AND DRUG
 ADMINISTRATION (FDA) APPROVED MEDICATIONS AVAILABLE;
   (III) THE NUMBER OF INDIVIDUALS OFFERED SUCH MEDICATION;
   (IV) THE NUMBER OF INDIVIDUALS WHO ACCEPTED OR DECLINED  SUCH  MEDICA-
 TION AND THE REASON FOR REJECTION IF AVAILABLE;
   (V)  THE  MEDICATION  TYPES  USED,  FOR HOW MANY PEOPLE, INCLUDING THE
 AVERAGE DOSAGE AMOUNT FOR EACH FORM  OF  MEDICATION  FOR  SUBSTANCE  USE
 DISORDER USED;
 S. 5317                             3
 
   (VI)  WHETHER  AND AT WHAT POINT DOSAGES CHANGED, INCLUDING FOR PEOPLE
 WITH EXISTING PRESCRIPTIONS FOR A  MEDICATION  TO  TREAT  SUBSTANCE  USE
 DISORDER;
   (VII)  THE  REGULATORY  STRUCTURE  USED  TO  PROVIDE METHADONE TO EACH
 PATIENT INCLUDING: THE NAME  OF  ANY  COMMUNITY-BASED  OPIOID  TREATMENT
 PROGRAMS EACH FACILITY IS UTILIZING TO OBTAIN METHADONE AND THE DISTANCE
 FROM  THE  FACILITY,  WHETHER  THE FACILITY IS OPERATING AS A MEDICATION
 UNIT OF THE OPIOID TREATMENT PROGRAM, AND/OR  WHETHER  THE  FACILITY  IS
 PROVIDING  METHADONE  DIRECTLY  BY  REGISTERING  WITH  THE  FEDERAL DRUG
 ENFORCEMENT AGENCY AS A HOSPITAL AND/OR CLINIC;
   (VIII) THE NUMBER AND TYPES OF MEDICAL PROVIDERS ON STAFF TO PRESCRIBE
 BUPRENORPHINE OR NALTREXONE AND THE NUMBER AND TYPES OF STAFF NEEDED  TO
 ADMINISTER SUCH MEDICATIONS;
   (IX)  THE  TYPES  AND  DOSAGES OF OPIOID OVERDOSE REVERSAL MEDICATIONS
 STOCKED AT EACH FACILITY AND THE NUMBER OF TIMES IT WAS  USED  INCLUDING
 DATA  ABOUT  USAGE  PRIOR  TO  IMPLEMENTATION OF THE MEDICATION ASSISTED
 TREATMENT PROGRAM;
   (X) THE RATES OF OVERDOSE BY INCARCERATED INDIVIDUALS PRESCRIBED MEDI-
 CATIONS FOR OPIOID USE DISORDER INCLUDING WHICH MEDICATION WAS USED  FOR
 TREATMENT  AND THE OVERALL RATES OF OVERDOSE IN EACH FACILITY BEFORE AND
 AFTER IMPLEMENTATION OF THE MEDICATION ASSISTED TREATMENT PROGRAM;
   (XI) THE RATES OF OTHER HEALTH ISSUES ASSOCIATED  WITH  SUBSTANCE  USE
 DISORDER INCLUDING HIV, HEPATITIS C, AND MENTAL HEALTH DIAGNOSES;
   (XII)  AN  ANALYSIS  OF  THE  IMPACT OF SUCH ALCOHOL AND SUBSTANCE USE
 DISORDER TREATMENT PROGRAMS ON PARTICIPATING  INCARCERATED  INDIVIDUALS,
 INCLUDING  INSTITUTIONAL  ADJUSTMENT, BEHAVIOR INFRACTIONS, AND RE-ENTRY
 RATES, AMONG OTHER RELEVANT FACTORS. SUCH ANALYSIS  SHALL  ALSO  INCLUDE
 THE  IMPACT  ON INSTITUTIONAL SAFETY AND PERFORMANCE AND ANY RECOMMENDA-
 TIONS FOR ADDITIONAL LEGISLATIVE ACTIONS THAT MAY BE NEEDED OR  REQUIRED
 TO IMPROVE OR ENHANCE THE PROGRAM AS DETERMINED TO BE APPROPRIATE BY THE
 COMMISSIONER; AND
   (XIII)  THE  NUMBER  OF  INCIDENTS INVOLVING ILLICIT SUBSTANCES IN THE
 FACILITY BEFORE AND AFTER THE INITIATION OF  MEDICATIONS  FOR  SUBSTANCE
 USE  DISORDER.  The  department of corrections and community supervision
 AND LOCAL COUNTIES shall provide the office with information  needed  to
 complete  this report. Such report shall be MADE AVAILABLE TO THE PUBLIC
 ON THE OFFICE'S WEBSITE AND sent to the governor, the  temporary  presi-
 dent  of  the senate, the speaker of the assembly, the [chairman] CHAIR-
 PERSON of the senate committee on crime victims, crime  and  correction,
 and the [chairman] CHAIRPERSON of the assembly committee on correction.
   § 3. This act shall take effect immediately.

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Senate Bill S5317

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2025-S5317 (ACTIVE) - Details

2025-S5317 (ACTIVE) - Summary

2025-S5317 (ACTIVE) - Sponsor Memo

2025-S5317 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2025-S5317 (ACTIVE) - Details

2025-S5317 (ACTIVE) - Summary

2025-S5317 (ACTIVE) - Sponsor Memo

2025-S5317 (ACTIVE) - Bill Text download pdf

Comments