2019 New York Laws
COR - Correction
Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Inmates
72-A - Community Treatment Facilities.

* §  72-a.  Community  treatment  facilities.  1. Transfer of eligible
inmate. Notwithstanding the provisions of section  seventy-two  of  this
chapter,  any  inmate  confined  in  a  correctional  facility 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
substance  abuse  services as being in need of substance abuse treatment
and rehabilitation may be transferred by the commissioner to a community
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.
  3.  Operating standards. The commissioner, after consultation with the
director of the division of 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 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  substance  abuse
services  shall  jointly issue quarterly reports including a description
of those facilities that have been  designated  as  community  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 and correction committee, the chairman of
the assembly ways and means committee and the chairman of  the  assembly
committee on codes.
  6.  Reimbursement.  (a)  The  commissioner,  in  consultation with the
director of the division of substance abuse services, shall  enter  into
an  agreement  with the division of substance abuse services whereby the
division of  substance  abuse  services  will  contract  with  community
treatment  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
officers.
  (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 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 and correction committee, the chairman of the assembly
ways and means committee, and the chairman of the assembly committee  on
codes.
  * NB Expires September 1, 2020