S T A T E O F N E W Y O R K ________________________________________________________________________ 6236--A 2011-2012 Regular Sessions I N A S S E M B L Y March 10, 2011 ___________ Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Alcoholism and Drug Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law and the state finance law, in relation to the reinvestment of funds into community-based services for persons suffering from chemical dependence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent and findings. The legislature finds 2 that declines in the state prison inmate census, due to the utilization 3 of alternatives to incarceration and changes in the sentencing laws for 4 persons convicted of drug offenses, create concomitant demand and strain 5 on community-based chemical dependence treatment services. 6 The legislature also finds that as state expenditures for incarcerated 7 individuals are reduced due to the aforementioned interventions, it is 8 necessary and appropriate to establish a dedicated fund, comprised of 9 those savings, which will be reinvested into the development and expan- 10 sion of community-based chemical dependence treatment and prevention 11 programs. 12 The legislature further finds that as it is well established that 13 chemical dependence prevention and treatment is the most effective 14 response to chemical abuse and addiction and the resulting criminal 15 offenses, the availability of effective prevention and treatment 16 programs should be a prominent component of the state's response. 17 S 2. Section 1.03 of the mental hygiene law is amended by adding a new 18 subdivision 56 to read as follows: 19 56. "COMMUNITY CHEMICAL DEPENDENCE REINVESTMENT SERVICES" SHALL 20 INCLUDE CHEMICAL DEPENDENCE SERVICES AS DEFINED IN SUBDIVISION 21 FIFTY-FIVE OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06122-03-2 A. 6236--A 2 1 S 3. The mental hygiene law is amended by adding a new section 22.12 2 to read as follows: 3 S 22.12 COMMUNITY REINVESTMENT PROGRAM. 4 (A) THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE 5 SERVICES SHALL PLAN, PROMOTE, ESTABLISH, DEVELOP, COORDINATE, EVALUATE, 6 AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS, EXAMINATION, 7 CARE, TREATMENT, REHABILITATION, EDUCATION AND VOCATIONAL TRAINING, AND 8 RESEARCH FOR THE BENEFIT OF INDIVIDUALS WHO SUFFER FROM AND/OR ARE AT 9 RISK FOR CHEMICAL DEPENDENCE. SUCH PROGRAMS SHALL BE LICENSED OR 10 APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND 11 SHALL INCLUDE BUT NOT BE LIMITED TO INPATIENT, RESIDENTIAL, HALF-WAY 12 HOUSE, OUTPATIENT, METHADONE MAINTENANCE TREATMENT, EMERGENCY, REHABILI- 13 TATIVE, EDUCATIONAL AND VOCATIONAL AND OTHER APPROPRIATE TREATMENT, 14 PREVENTION AND SUPPORT SERVICES. 15 (B) ALL MONEYS RECEIVED OR ACCEPTED PURSUANT TO THIS SECTION SHALL BE 16 DEPOSITED INTO THE CHEMICAL DEPENDENCE REINVESTMENT FUND ESTABLISHED 17 PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW. 18 (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN APPROVING 19 FUNDS PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW AND 20 SECTION 26.00 OF THIS TITLE, THE COMMISSIONER OF THE OFFICE OF ALCOHOL- 21 ISM AND SUBSTANCE ABUSE SERVICES SHALL CONSIDER THE EXTENT TO WHICH 22 LOCAL GOVERNMENTAL UNITS HAVE MAINTAINED LOCAL CONTRIBUTIONS FOR EXPEND- 23 ITURES IN ANY LOCAL FISCAL YEAR FOR LOCAL OR UNIFIED SERVICES, AS APPLI- 24 CABLE, PROVIDED TO PERSONS DIAGNOSED WITH CHEMICAL DEPENDENCE AND MADE 25 PURSUANT TO THIS ARTICLE, AT A LEVEL EQUAL TO OR GREATER THAN THE AMOUNT 26 EXPENDED THAT FISCAL YEAR. SUCH COMMISSIONER SHALL BE AUTHORIZED TO 27 REDUCE PAYMENTS MADE TO LOCAL GOVERNMENTAL UNITS WHICH HAVE RECEIVED 28 GRANTS PURSUANT TO THIS SECTION, IN THE FOLLOWING FISCAL YEAR FOR FAIL- 29 URE TO MAINTAIN EXPENDITURES. FUNDS ANNUALLY APPROPRIATED BY THE LEGIS- 30 LATURE FOR COMMUNITY CHEMICAL DEPENDENCE REINVESTMENT SERVICES ARE 31 INTENDED TO PAY FOR THE DEVELOPMENT, EXPANSION, AND OPERATION OF COMMU- 32 NITY CHEMICAL DEPENDENCE SERVICES. ANNUAL COMMUNITY CHEMICAL DEPENDENCE 33 REINVESTMENT FUNDS SHALL NOT BE USED TO SUPPLANT OR REPLACE COMMUNITY 34 CHEMICAL DEPENDENCE COSTS OF ANY PROVIDER THAT WERE PREVIOUSLY PAID FROM 35 THE PRIOR YEAR'S OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES 36 GENERAL FUND APPROPRIATIONS FOR THE IDENTICAL PURPOSE. 37 (D) THERE IS HEREBY ESTABLISHED THE STATE INTERAGENCY COUNCIL ON CHEM- 38 ICAL DEPENDENCE REINVESTMENT FUND UTILIZATION. THIS COUNCIL SHALL DEVEL- 39 OP AND IMPLEMENT A SCHEDULE FOR STUDYING CHEMICAL DEPENDENCE PREVENTION 40 AND TREATMENT PROGRAMS, FOCUSING ON THE AVAILABILITY OF SUCH PROGRAMS 41 AND WHETHER THESE PROGRAMS ADEQUATELY MEET THE NEEDS OF THOSE INMATES 42 RELEASED FROM DEPARTMENT OF CORRECTIONS FACILITIES. FURTHER, THIS COUN- 43 CIL SHALL RECOMMEND ANY NEEDED EXPANSIONS TO CHEMICAL DEPENDENCE TREAT- 44 MENT PROGRAMS. BY JANUARY FIRST OF THE YEAR FOLLOWING IMPLEMENTATION OF 45 THIS SECTION, THIS COUNCIL SHALL REPORT ITS FINDING TO THE GOVERNOR, THE 46 TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH 47 COUNCIL SHALL OPERATE INDEPENDENTLY AND SHALL CONSIST OF A CHAIRPERSON, 48 CHOSEN BY THE COUNCIL MEMBERS, AND THE COMMISSIONERS OF THE OFFICE OF 49 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF COURT ADMINIS- 50 TRATION, THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF 51 CORRECTIONS AND COMMUNITY SUPERVISION, AND THE OFFICE OF CHILDREN AND 52 FAMILY SERVICES. THE COUNCIL SHALL ALSO CONSIST OF NINE REPRESENTATIVES 53 SELECTED FROM THE FOLLOWING THREE COMMUNITIES AS FOLLOWS: THREE REPRE- 54 SENTATIVES FROM THE SERVICE PROVIDER COMMUNITY; THREE REPRESENTATIVES 55 FROM THE CONSUMER COMMUNITY; AND THREE REPRESENTATIVES WHO SHALL BE 56 FAMILY MEMBERS OF CONSUMERS. ONE REPRESENTATIVE FROM EACH OF THESE THREE A. 6236--A 3 1 COMMUNITIES SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, 2 THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE 3 ASSEMBLY AND THE MINORITY LEADER OF THE SENATE. 4 S 4. The state finance law is amended by adding a new section 99-u to 5 read as follows: 6 S 99-U. CHEMICAL DEPENDENCE REINVESTMENT FUND. 1. THERE IS HEREBY 7 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER 8 OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE CHEMICAL DEPENDENCE 9 REINVESTMENT FUND. 10 2. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND 11 ALLOCATION BY THE DIRECTOR OF BUDGET, SHALL BE AVAILABLE TO THE COMMIS- 12 SIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE 13 DEVELOPMENT, EXPANSION AND OPERATION OF NEW AND EXPANDED COMMUNITY CHEM- 14 ICAL DEPENDENCE SERVICES, INCLUDING BUT NOT LIMITED TO, SERVICES 15 RENDERED TO PERSONS MANDATED INTO CHEMICAL DEPENDENCE TREATMENT IN LIEU 16 OF INCARCERATION BY THE CRIMINAL JUSTICE SYSTEM. SPECIFIC AMOUNTS SHALL 17 BE MADE AVAILABLE FOR APPROPRIATION UPON DETERMINATIONS MADE BY SUCH 18 COMMISSIONER PURSUANT TO SUBDIVISION (B) OF SECTION 26.00 OF THE MENTAL 19 HYGIENE LAW. SUCH FUNDS MADE AVAILABLE TO THE OFFICE OF ALCOHOLISM AND 20 SUBSTANCE ABUSE SERVICES MAY ALSO BE USED TO DEVELOP STATE OPERATED 21 SERVICES, INCLUDING EMERGENCY AND CRISIS SERVICES, CASE MANAGEMENT 22 SERVICE, EDUCATION AND VOCATIONAL SERVICES, SERVICES FOR HOMELESS CHEMI- 23 CALLY-ADDICTED PERSONS WITH AND/OR AT RISK FOR HIV INFECTION, HIV-RELAT- 24 ED ILLNESSES OR AIDS, PERSONS DUALLY-DIAGNOSED WITH CHEMICAL DEPENDENCE 25 AND MENTAL ILLNESS, OTHER HARD TO SERVE POPULATIONS, AND OTHER SPECIAL- 26 IZED SERVICES AS APPROVED BY SUCH COMMISSIONER. 27 S 5. Each year an independent actuarial accounting of the savings 28 generated from declines in the state prison census shall be conducted 29 and the results reported to the governor, the division of the budget, 30 the senate finance committee and the assembly ways and means committee 31 no later than one year following the effective date of this act. 32 S 6. This act shall take effect on the first of April next succeeding 33 the date on which it shall have become a law.