2022 New York Laws
MHY - Mental Hygiene
Title D - Alcoholism and Substance Abuse Act
Article 19 - Office of Alcoholism and Substance Abuse
19.18-C - Corrections-Based Substance Use Disorder Treatment and Transition Services.

§   19.18-c  Corrections-based  substance  use  disorder  treatment  and
            transition services.
  1.  Notwithstanding  any  other  provision  of   this   chapter,   the
commissioner,  in  consultation  with  local  governmental units, county
sheriffs,  the  New  York  city  department  of  corrections  and  other
stakeholders,  shall  implement  a  jail-based  substance  use  disorder
treatment and transition services program that supports the  initiation,
operation  and  enhancement  of  substance  use  disorder  treatment and
transition services for persons with  substance  use  disorder  who  are
incarcerated in jails.
  2.  The services to be provided by such program shall be in accordance
with plans developed  by  participating  local  governmental  units,  in
collaboration  with county sheriffs, taking into account local needs and
available resources. These plans must be approved  by  the  commissioner
and shall include, but not be limited to, the following:
  (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
  (b)  At  least  one  formulation  of every form of medication assisted
treatments approved for the treatment of a substance use disorder by the
Federal Food and Drug  Administration  necessary  to  ensure  that  each
individual  participating  in  the  program receives the particular form
found to be the most effective at treating and meeting their  individual
needs. The commissioner may allow jails a limited exemption to providing
opioid   full  agonist  treatment  medications  where  the  commissioner
determines  that  no  providers  that   have   received   the   required
accreditation  are located within a reasonable distance of the facility.
Jails that do not have the resources available  to  meet  standards  set
forth  herein  may  apply  to  the  commissioner for a limited exception
allowing such jail to enter into  an  agreement  with  a  community-  or
jail-based   program  offering  substance  use  disorder  treatment  and
transition services to provide such  services  to  individuals  in  such
jails. Any such determination shall be reviewed on a regular basis;
  (c) Group and individual counseling and clinical support;
  (d) Peer support;
  (e) Discharge planning; and
  (f) Re-entry and transitional supports.
  3.  (a)  After  a  medical screening, incarcerated individuals who are
determined to suffer from a substance use disorder for which  medication
assisted  treatment  exists shall be offered placement in the medication
assisted treatment program. Placement  in  such  program  shall  not  be
mandatory.
  (b)  Each  participating  incarcerated  individual  shall work with an
authorized specialist  to  develop  an  individualized  treatment  plan,
including an appropriate level of counseling and planning for continuity
of care upon return to the community.
  (c)  Decisions  regarding  type, dosage, or duration of any medication
regimen shall be made by a qualified health care  professional  licensed
or certified under title eight of the education law who is authorized to
administer   such   medication  in  conjunction  with  the  incarcerated
individual.
  (d) Participation in the medication assisted treatment  program  shall
not  be  unreasonably withheld from a qualified incarcerated individual.
An incarcerated individual using medication assisted treatment prior  to
such  individual's  incarceration  shall be eligible to, upon request by
such individual, continue such  treatment  in  the  medication  assisted
treatment  program  for  any  period of time during the duration of such
individual's incarceration.
  (e) No person shall be denied participation  in  the  program  on  the
basis  of a positive drug screening upon entering custody or upon intake

into the program; nor shall any person receive a disciplinary infraction
for such positive drug screening. No person shall be  removed  from,  or
denied  participation in the program on the basis of having received any
disciplinary  infraction:  (1)  before  entry  into  the program; or (2)
during participation in the program.
  4. Within amounts appropriated therefor, funding shall be made  avail-
able  pursuant  to  criteria  established  by  the  office  of addiction
services and supports in consultation  with  local  governmental  units,
which  shall  take  into  consideration the local needs and resources as
identified  by  local  governmental  units,  the  average   daily   jail
population,  the average number of persons incarcerated in the jail that
require substance use disorder services and such other factors as may be
deemed necessary.
  5. Any jail-based substance  use  disorder  treatment  and  transition
services program that is already in operation at the time this act shall
have  become  law  and  meets or exceeds the standards set forth in this
section shall be deemed to have met the requirements of subdivisions one
and two of this section. Such programs shall certify annually in writing
to the commissioner that they have met or  exceeded  the  standards  set
forth herein.