This bill has been amended

Bill S7655-2013

Relates to regional treatment facilities

Directs the department of correctional services and community supervision and the OASAS to conduct a study to determine the feasibility of converting certain correctional facilities into treatment centers.

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  • May 23, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

BILL NUMBER:S7655

TITLE OF BILL: An act to amend the correction law, in relation to regional treatment facilities

PURPOSE: This bill amends the Correction Law to designate community treatment facilities as regional treatment facilities.

SUMMARY OF PROVISIONS: Section 1 of the bill amends Correction Law section 72-a to designate community treatment facilities as regional treatment facilities. Such facilities are residential chemical dependence treatment facilities to be used exclusively to provide substance abuse treatment services to persons eligible pursuant to section seventy-two-a of the Correction Law and who are otherwise eligible for temporary release pursuant to subdivision two of section eight hundred fifty-one of the Correction Law. Notwithstanding any law to the contrary or the closure or impending closure of certain correctional facilities, the Commissioner of the Department of Correctional Services and Community Supervision is directed to facilitate the use of facilities at Butler Correctional Facility, Monterey Correctional Facility, Chateaugay Correctional Facility and Mt. McGregor Correctional Facility as regional treatment facilities. Such facilities must be operated by the Department of Correctional Services or the Division of Substance Abuse Services.

Section 2 of the bill amends subdivision 14 of section 2 of the Correction Law to define regional correctional facilities

Section 3 of the bill is the effective date.

JUSTIFICATION: The bill directs the Commissioner of the Department of Correctional Services and Community Supervision to facilitate the use of four correctional facilities that are currently scheduled for closure as regional treatment facilities. If the regional treatment facilities are operated by the Department of Correctional Services and Community Supervision, the Commissioner, shall enter into an agreement with the Division of Substance Abuse Services whereby the Division will contract with treatment providers to be located at the facilities. This bill will provide adequate beds at the four facilities and will ensure that those inmates who need substance abuse treatment, and who otherwise meet the criteria eligibility for such treatment will receive such treatment.

FISCAL IMPLICATIONS: To be determined.

Effective date: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7655 IN SENATE May 23, 2014 ___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARTINS, MAZIARZ, O'MARA, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- 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 regional treatment facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 72-a of the correction law, as amended by section 7 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S 72-a. [Community] REGIONAL treatment facilities. 1. Transfer of eligible inmate. Notwithstanding the provisions of section seventy-two of this [chapter] ARTICLE, any inmate confined in a correctional facili- ty who is an "eligible inmate" as defined by subdivision two of section eight hundred fifty-one of this chapter and has been certified by the [division of] OFFICE OF ALCOHOLISM AND substance abuse services as being in need of substance abuse treatment and rehabilitation may be trans- ferred by the commissioner to a [community] REGIONAL treatment facility. 2. Designation of facilities. [A community treatment facility shall be designated by the director of the division of substance abuse services and the commissioner. Such facility shall be operated by a provider or sponsoring agency that has provided approved residential substance abuse treatment services for at least two years duration.] NOTWITHSTANDING ANY LAW TO THE CONTRARY OR THE CLOSURE OR IMPENDING CLOSURE OF CERTAIN CORRECTIONAL FACILITIES, THE COMMISSIONER IS DIRECTED TO FACILITATE THE USE OF FACILITIES AT BUTLER CORRECTIONAL FACILITY IN RED CREEK, NEW YORK, MONTEREY CORRECTIONAL FACILITY IN SCHUYLER COUNTY, CHATEAUGAY CORRECTIONAL FACILITY IN FRANKLIN COUNTY, AND MT. MCGREGOR CORRECTIONAL FACILITY IN SARATOGA COUNTY, AS REGIONAL TREATMENT FACILITIES. SUCH FACILITIES MUST BE OPERATED BY THE DEPARTMENT OR THE OFFICE OF ALCOHOL- ISM AND SUBSTANCE ABUSE SERVICES.
3. Operating standards. The commissioner, after consultation with the [director] COMMISSIONER of the [division of] OFFICE OF ALCOHOLISM AND substance abuse services, shall promulgate rules and regulations which provide for minimum standards of operation, including but not limited to the following: (a) provision for adequate security and protection of the surrounding community; (b) adequate physical plant standards; (c) provisions for adequate program services, staffing, and record keeping; and (d) provision for the general welfare of the inmates. 4. Community supervision. The department shall provide for the provision of community supervision services. All inmates residing in a [community] REGIONAL treatment facility shall be assigned to parole officers for supervision. Such parole officers shall be responsible for providing such supervision. 5. Reports. The department and the [division of] OFFICE OF ALCOHOLISM AND substance abuse services shall jointly issue quarterly reports including a description of those facilities that have been designated as [community] REGIONAL treatment facilities, the number of inmates confined in each facility, a description of the programs within each facility, and the number of absconders, if any, as well as the nature and number of re-arrests, if any, during the individual's period of community supervision. Copies of such reports, as well as copies of any inspection report issued by the department or the commission of correction shall be sent to the director of the budget, the chairman of the senate finance committee, the chairman of the senate crime VICTIMS, CRIME and correction committee, THE CHAIRMAN OF THE SENATE CODES COMMIT- TEE, the chairman of the assembly ways and means committee and the chairman of the assembly committee on codes. 6. Reimbursement. (a) [The] IF THE AFOREMENTIONED REGIONAL TREATMENT FACILITIES ARE OPERATED BY THE commissioner, THE COMMISSIONER in consul- tation with the [director] COMMISSIONER of the [division of] OFFICE OF ALCOHOLISM AND substance abuse services, shall enter into an agreement with the [division of] OFFICE OF ALCOHOLISM AND substance abuse services whereby the [division of] OFFICE OF ALCOHOLISM AND substance abuse services will contract with [community] treatment PROVIDERS TO BE LOCATED AT THE facilities for provision of services pursuant to this section [within amounts made available by the department]. Each contract shall provide for frequent visitation, inspection of the facility, and enforcement of the minimum standards and shall authorize the supervision of inmates residing in a community treatment facility by parole offi- cers. (b) The commissioner shall promulgate rules and regulations specifying those costs related to the general operation of community treatment facilities that shall be eligible for reimbursement. Such eligible costs shall not include debt service, whether principal or interest, or costs for which state or federal aid or reimbursement is otherwise available. Such rules and regulations shall be subject to the approval of the director of the budget. (c) The department shall not contract for provision of services to more than [fifty] TWO HUNDRED FIFTY inmates at any one facility. (d) At least thirty days prior to final approval of any such contract, a copy of the proposed contract shall be sent to the director of the budget, the chairman of the senate finance committee, the chairman of the senate crime VICTIMS, CRIME and correction committee, THE CHAIRMAN
OF THE SENATE CODES COMMITTEE, the chairman of the assembly ways and means committee, and the chairman of the assembly committee on codes. S 2. Subdivision 14 of section 2 of the correction law, as amended by chapter 558 of the laws of 1999, is amended to read as follows: 14. "[Community] REGIONAL treatment [facility] FACILITIES." [A resi- dential chemical dependence facility] NOTWITHSTANDING ANY LAW TO THE CONTRARY OR THE CLOSURE OR IMPENDING CLOSURE OF CERTAIN CORRECTIONAL FACILITIES, THE COMMISSIONER IS DIRECTED TO FACILITATE THE USE OF FACIL- ITIES AT BUTLER CORRECTIONAL FACILITY IN RED CREEK, NEW YORK, MONTEREY CORRECTIONAL FACILITY IN SCHUYLER COUNTY, CHATEAUGAY CORRECTIONAL FACIL- ITY IN FRANKLIN COUNTY, AND MT. MCGREGOR CORRECTIONAL FACILITY IN SARA- TOGA COUNTY, AS REGIONAL TREATMENT FACILITIES. SUCH FACILITIES MAY BE approved as provided in section 32.01 of the mental hygiene law or pursuant to section 32.31 of such law used exclusively to provide substance abuse treatment services to persons eligible pursuant to section seventy-two-a of this chapter and who are otherwise eligible for temporary release pursuant to subdivision two of section eight hundred fifty-one of this chapter. These facilities shall [be separate and distinct so as not to replace] REPLACE existing COMMUNITY TREATMENT FACILITIES FOR substance abuse treatment services. S 3. This act shall take effect immediately provided, however, that the amendments to section 72-a of the correction law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith; provided, further, that the amendments to subdivision 14 of section 2 of the correction law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.

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