2021 New York Laws
COR - Correction
Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals
72-A - Community Treatment Facilities.

* §  72-a.  Community  treatment  facilities.  1. Transfer of eligible
incarcerated  individual.  Notwithstanding  the  provisions  of  section
seventy-two  of  this chapter, any incarcerated individual confined in a
correctional facility who is an "eligible  incarcerated  individual"  as
defined  by  subdivision  two of section eight hundred fifty-one of this
chapter and has been certified by the office of alcoholism and 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 commissioner of the office of alcoholism and 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
commissioner of the 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 incarcerated individuals.
  4.  Community  supervision.  The  department  shall  provide  for  the
provision   of   community   supervision   services.   All  incarcerated
individuals 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  incarcerated  individuals  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
commissioner of the office of alcoholism and substance  abuse  services,
shall  enter  into  an  agreement  with  the  office  of  alcoholism and
substance abuse services whereby the office of alcoholism and  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  incarcerated
individuals  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 incarcerated individuals 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, 2023