§ 19.18-c Corrections-based substance use disorder treatment and

transition services.

1. Notwithstanding any other provision of this chapter, 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
treatment and transition services program that supports the initiation,
operation 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
individual 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 full agonist treatment medications where the commissioner
determines that no providers 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 may 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.

(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
individual.

(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. 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 addiction
services and supports 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
population, 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.