Provides for the reinvestment of funds generated by savings due to declines in the state prison census into community-based services for persons suffering from chemical dependence and for the establishment of the chemical dependence reinvestment fund; provides for the establishment of the state interagency council on chemical dependence reinvestment fund utilization and for the composition thereof.

---

S2201A-2011 Actions

• Mar 12, 2012: REPORTED AND COMMITTED TO FINANCE
• Mar 6, 2012: PRINT NUMBER 2201A
• Mar 6, 2012: AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
• Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
• Jun 1, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
• Jan 18, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S2201A-2011 Meetings

Alcoholism and Drug Abuse: Mar 12, 2012

S2201A-2011 Votes

S2201A-2011 Memo

BILL NUMBER:S2201A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill, to be known as the Drug Law Reform Reinvestment Act, will
reinvest savings realized from the reduction in costs associated with
the incarceration of drug offenders into community based treatment,
prevention, education, and job skill training programs for alcohol
and substance abusers.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 providers for the legislative intent and findings as related
to the decline in the state prison inmate census, due to the
utilization of alternatives to incarceration and changes in
sentencing laws for persons convicted of drug offenses, as well as
the benefits of chemical dependence prevention.

Section 2 amends the mental hygiene law by adding subdivision 56. This
subdivision defines "community chemical dependence reinvestment
services."

Section 3 amends the mental hygiene law by adding section 22.12.
Section 22.12, subdivision (a) provides for the establishment of the
Community Reinvestment Program which directs the Commissioner of the
Office of Alcoholism and Substance Abuse to plan, promote, develop,
evaluate and conduct programs and services of prevention, diagnosis,
examination, care, treatment, rehabilitation, education and research
for individuals who suffer from and/or are at risk for chemical
dependence. Subdivision (b) states that all money received or
accepted pursuant to this section shall be deposited in the chemical
dependence reinvestment fund. Subdivision (c) states that in
approving funds pursuant to this section the commissioner of OASAS
shall consider the extent of local contributions for expenditures for
local services provided to persons diagnosed with chemical
dependence. Subdivision (d) establishes the state interagency council
on chemical dependence reinvestment fund utilization, which will be
charged with development and implementation of a schedule for
studying chemical dependence prevention and treatment programs.

Section 4 amends the state finance law by adding section 99-u. This
section establishes the Chemical dependence reinvestment fund.
Subsection 1 establishes a fund in the joint custody of the
comptroller and the commissioner of taxation and finance to be known
as the chemical dependence reinvestment fund.

Section 5 states that each year and independent actuarial accounting
of the savings generated from the declines in the state prison census
shall be conducted and the results reported to the governor, the
division of the budget, the senate finance committee, and time
assembly ways and means committee no later than December 31.

JUSTIFICATION:
Alcoholism and substance abuse is one of our State and Nation's
leading public health problems, costing many billions of dollars and
untold suffering in many families and every community. Recent studies
by the New York State Office of Alcoholism and Substance Abuse
Services and other leading researchers have documented the dramatic
successes of treatment and prevention in reducing not just alcohol
and drug dependence and abuse, but also crime, AIDS, welfare,
homelessness and other health and social ills.

Expanded alcoholism and substance abuse treatment and prevention will
be the linchpin of any successful effort to reform our state's drug
laws, as courts and prosecutors must have additional resources
available so they can divert appropriate addicted offenders from
prison. Yet New York State has failed to adequately fund our existing
base of alcoholism and substance abuse treatment and prevention
programs. These programs have struggled throughout the past decade to
maintain their place as the leading providers of those services in
the Nation as budget cuts and lack of resources to address inflation
and additional administrative requirements erode their very
foundation. Treatment and prevention programs, as well as vocational
and job skill training programs need additional resources to be able
to recruit and retain staff, install computer technology, and
otherwise meet administrative requirements. The goal of assisting the
many thousands of addicted offenders and their families who will need
treatment, prevention, and job training services as a result of
Rockefeller Drug Law Reform will not be realized unless we stabilize
our existing community system.

The Drug Law Reform Reinvestment Act will address all these issues by
providing the resources necessary to shore up time existing
foundation of our nation-leading alcoholism and substance abuse
treatment and prevention system as well as develop the necessary
capacity to provide services to the thousands of people diverted from
prison every year by sentencing reform.

Successful outcomes from the treatment of alcoholism and substance
abuse are to be expected if the addicted individual receives the
appropriate level of care for the proper duration of time and with
the necessary aftercare. The single greatest predictor of treatment
success is length of stay in treatment. OASAS outcomes data
demonstrate dramatic decreases in problem behaviors after six months
in treatment. Drug and alcohol use decreases dramatically as does use
of expensive healthcare (ER, inpatient hospital stay), arrests,
incarceration, child abuse and neglect,
domestic violence, and other undesirable behaviors. Employment

increases, dependency on public assistance decreases, and quality of
life improve after six months or more of treatment.

OASAS licensed community-based treatment is essential for public
safety and public health. Releasing inmates or diverting arrestees
without a strong treatment and job training component will pose a
considerable public risk. Community-based treatment provides a
therapeutic structure that increases dramatically the likelihood that
a person will remain drug/alcohol free and become a law abiding,
productive citizen.

The Drug Reform and Community Reinvestment Act utilizes savings
created by Rockefeller Drug Law Reform to strengthen base funding for
existing alcoholism and substance abuse treatment and prevention
programs (licensed or approved by OASAS) and to expand those services
to address the needs of persons targeted by drug law reform and their
families. The full continuum of OASAS licensed, certified, or
approved alcoholism and substance abuse treatment, prevention, and
vocational services will be supported by the reinvestment fund.
Treatment services include outpatient, day treatment, inpatient,
residential, emergency and crisis services, detoxification (inpatient
and community-based), methadone and other pharmacotherapy, halfway
houses and supportive living, aftercare services, services for
homeless chemically addicted persons, services for persons with dual
disorders, services for chemically-addicted persons with and/or at
risk for or HIV infection, HIV-related illness or AIDS, and other
hard to serve populations. Core treatment services, monitoring and
reporting progress to the courts, and necessary ancillary services
will be eligible for support.

Reinvestment is the best way to fund a major initiative to make
treatment the first option in addressing behaviors related to
addiction.

Reinvestment has been crucial to the strengthening of New York State's
mental health system. The experience of time mental health field and
the lessons learned about the best way to implement reinvestment
should inform time development of Drug Law Reform Community
Reinvestment

PRIOR LEGISLATIVE HISTORY:
2010: S.2193 - Referred to Mental Health & Developmental Disabilities
2008: S.7228 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

S2201A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2201--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities -- recommitted to the Committee on Alcoholism  and
    Drug  Abuse  in  accordance  with  Senate  Rule 6, sec. 8 -- 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:


    Section  1.  Legislative  intent and findings.   The legislature finds
  that declines in the state prison inmate census, due to the  utilization
  of  alternatives to incarceration and changes in the sentencing laws for
  persons convicted of drug offenses, create concomitant demand and strain
  on community-based chemical dependence treatment services.
    The legislature also finds that as state expenditures for incarcerated
  individuals are reduced due to the aforementioned interventions,  it  is
  necessary  and  appropriate  to establish a dedicated fund, comprised of
  those savings, which will be reinvested into the development and  expan-
  sion  of  community-based  chemical  dependence treatment and prevention
  programs.
    The legislature further finds that as  it  is  well  established  that
  chemical  dependence  prevention  and  treatment  is  the most effective
  response to chemical abuse and  addiction  and  the  resulting  criminal
  offenses,   the  availability  of  effective  prevention  and  treatment
  programs should be a prominent component of the state's response.
    S 2. Section 1.03 of the mental hygiene law is amended by adding a new
  subdivision 56 to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06122-02-2

 S. 2201--A                          2

    56.  "COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES"   SHALL
  INCLUDE   CHEMICAL   DEPENDENCE   SERVICES  AS  DEFINED  IN  SUBDIVISION
  FIFTY-FIVE OF THIS SECTION.
    S  3.  The mental hygiene law is amended by adding a new section 22.12
  to read as follows:

  S 22.12 COMMUNITY REINVESTMENT PROGRAM.
    (A) THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE
  SERVICES  SHALL PLAN, PROMOTE, ESTABLISH, DEVELOP, COORDINATE, EVALUATE,
  AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS, EXAMINATION,
  CARE, TREATMENT, REHABILITATION, EDUCATION AND VOCATIONAL TRAINING,  AND
  RESEARCH  FOR  THE  BENEFIT OF INDIVIDUALS WHO SUFFER FROM AND/OR ARE AT
  RISK FOR  CHEMICAL  DEPENDENCE.  SUCH  PROGRAMS  SHALL  BE  LICENSED  OR
  APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
  SHALL INCLUDE BUT NOT BE LIMITED  TO  INPATIENT,  RESIDENTIAL,  HALF-WAY
  HOUSE, OUTPATIENT, METHADONE MAINTENANCE TREATMENT, EMERGENCY, REHABILI-
  TATIVE,  EDUCATIONAL  AND  VOCATIONAL  AND  OTHER APPROPRIATE TREATMENT,
  PREVENTION AND SUPPORT SERVICES.
    (B) ALL MONEYS RECEIVED OR ACCEPTED PURSUANT TO THIS SECTION SHALL  BE
  DEPOSITED  INTO  THE  CHEMICAL  DEPENDENCE REINVESTMENT FUND ESTABLISHED
  PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
    (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  IN  APPROVING
  FUNDS  PURSUANT  TO  SECTION  NINETY-NINE-U OF THE STATE FINANCE LAW AND
  SECTION 26.00 OF THIS TITLE, THE COMMISSIONER OF THE OFFICE OF  ALCOHOL-
  ISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL CONSIDER THE EXTENT TO WHICH
  LOCAL GOVERNMENTAL UNITS HAVE MAINTAINED LOCAL CONTRIBUTIONS FOR EXPEND-
  ITURES IN ANY LOCAL FISCAL YEAR FOR LOCAL OR UNIFIED SERVICES, AS APPLI-
  CABLE, PROVIDED TO PERSONS DIAGNOSED WITH CHEMICAL DEPENDENCE  AND  MADE
  PURSUANT TO THIS ARTICLE, AT A LEVEL EQUAL TO OR GREATER THAN THE AMOUNT
  EXPENDED  THAT  FISCAL  YEAR.  SUCH  COMMISSIONER SHALL BE AUTHORIZED TO
  REDUCE PAYMENTS MADE TO LOCAL GOVERNMENTAL  UNITS  WHICH  HAVE  RECEIVED
  GRANTS  PURSUANT TO THIS SECTION, IN THE FOLLOWING FISCAL YEAR FOR FAIL-
  URE TO MAINTAIN EXPENDITURES. FUNDS ANNUALLY APPROPRIATED BY THE  LEGIS-
  LATURE  FOR  COMMUNITY  CHEMICAL  DEPENDENCE  REINVESTMENT  SERVICES ARE
  INTENDED TO PAY FOR THE DEVELOPMENT, EXPANSION, AND OPERATION OF  COMMU-
  NITY  CHEMICAL DEPENDENCE SERVICES. ANNUAL COMMUNITY CHEMICAL DEPENDENCE
  REINVESTMENT FUNDS SHALL NOT BE USED TO SUPPLANT  OR  REPLACE  COMMUNITY
  CHEMICAL DEPENDENCE COSTS OF ANY PROVIDER THAT WERE PREVIOUSLY PAID FROM
  THE  PRIOR  YEAR'S  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES
  GENERAL FUND APPROPRIATIONS FOR THE IDENTICAL PURPOSE.
    (D) THERE IS HEREBY ESTABLISHED THE STATE INTERAGENCY COUNCIL ON CHEM-
  ICAL DEPENDENCE REINVESTMENT FUND UTILIZATION. THIS COUNCIL SHALL DEVEL-
  OP AND IMPLEMENT A SCHEDULE FOR STUDYING CHEMICAL DEPENDENCE  PREVENTION
  AND  TREATMENT  PROGRAMS,  FOCUSING ON THE AVAILABILITY OF SUCH PROGRAMS
  AND WHETHER THESE PROGRAMS ADEQUATELY MEET THE NEEDS  OF  THOSE  INMATES
  RELEASED  FROM DEPARTMENT OF CORRECTIONS FACILITIES. FURTHER, THIS COUN-
  CIL SHALL RECOMMEND ANY NEEDED EXPANSIONS TO CHEMICAL DEPENDENCE  TREAT-
  MENT  PROGRAMS. BY JANUARY FIRST OF THE YEAR FOLLOWING IMPLEMENTATION OF
  THIS SECTION, THIS COUNCIL SHALL REPORT ITS FINDING TO THE GOVERNOR, THE
  TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH
  COUNCIL SHALL OPERATE INDEPENDENTLY AND SHALL CONSIST OF A  CHAIRPERSON,
  CHOSEN  BY  THE  COUNCIL MEMBERS, AND THE COMMISSIONERS OF THE OFFICE OF
  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE  OF  COURT  ADMINIS-
  TRATION,  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF
  CORRECTIONS AND COMMUNITY SUPERVISION, AND THE OFFICE  OF  CHILDREN  AND
  FAMILY  SERVICES. THE COUNCIL SHALL ALSO CONSIST OF NINE REPRESENTATIVES
  SELECTED FROM THE FOLLOWING THREE COMMUNITIES AS FOLLOWS:  THREE  REPRE-

 S. 2201--A                          3

  SENTATIVES  FROM  THE  SERVICE PROVIDER COMMUNITY; THREE REPRESENTATIVES
  FROM THE CONSUMER COMMUNITY; AND  THREE  REPRESENTATIVES  WHO  SHALL  BE
  FAMILY MEMBERS OF CONSUMERS. ONE REPRESENTATIVE FROM EACH OF THESE THREE
  COMMUNITIES SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
  THE  GOVERNOR,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
  ASSEMBLY AND THE MINORITY LEADER OF THE SENATE.
    S 4. The state finance law is amended by adding a new section 99-u  to
  read as follows:

    S  99-U.    CHEMICAL  DEPENDENCE REINVESTMENT FUND. 1. THERE IS HEREBY
  ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS  THE  CHEMICAL  DEPENDENCE
  REINVESTMENT FUND.
    2.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
  ALLOCATION BY THE DIRECTOR OF BUDGET, SHALL BE AVAILABLE TO THE  COMMIS-
  SIONER  OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE
  DEVELOPMENT, EXPANSION AND OPERATION OF NEW AND EXPANDED COMMUNITY CHEM-
  ICAL  DEPENDENCE  SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO,  SERVICES
  RENDERED  TO PERSONS MANDATED INTO CHEMICAL DEPENDENCE TREATMENT IN LIEU
  OF INCARCERATION BY THE CRIMINAL JUSTICE SYSTEM.  SPECIFIC AMOUNTS SHALL
  BE MADE AVAILABLE FOR APPROPRIATION UPON  DETERMINATIONS  MADE  BY  SUCH
  COMMISSIONER  PURSUANT TO SUBDIVISION (B) OF SECTION 26.00 OF THE MENTAL
  HYGIENE LAW. SUCH FUNDS MADE AVAILABLE TO THE OFFICE OF  ALCOHOLISM  AND
  SUBSTANCE  ABUSE  SERVICES  MAY  ALSO  BE USED TO DEVELOP STATE OPERATED
  SERVICES, INCLUDING  EMERGENCY  AND  CRISIS  SERVICES,  CASE  MANAGEMENT
  SERVICE, EDUCATION AND VOCATIONAL SERVICES, SERVICES FOR HOMELESS CHEMI-
  CALLY-ADDICTED PERSONS WITH AND/OR AT RISK FOR HIV INFECTION, HIV-RELAT-
  ED  ILLNESSES OR AIDS, PERSONS DUALLY-DIAGNOSED WITH CHEMICAL DEPENDENCE
  AND MENTAL ILLNESS, OTHER HARD TO SERVE POPULATIONS, AND OTHER  SPECIAL-
  IZED SERVICES AS APPROVED BY SUCH COMMISSIONER.
    S  5.  Each  year  an  independent actuarial accounting of the savings
  generated from declines in the state prison census  shall  be  conducted
  and  the  results  reported to the governor, the division of the budget,
  the senate finance committee and the assembly ways and  means  committee
  no later than one year following the effective date of this act.
    S  6. This act shall take effect on the first of April next succeeding
  the date on which it shall have become a law.