Bill Text: NY A10866 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the establishment and operations of a dedicated opioid rehabilitation facility and the personal needs allowance for residents of a dedicated opioid rehabilitation facility; relates to the diversion of certain defendants to a mandatory opioid rehabilitation facility; relates to the establishment of a dedicated opioid rehabilitation facility and the provision of corrections officers to such facilities.

Spectrum: Partisan Bill (Republican 42-0)

Status: (Introduced) 2020-07-24 - referred to alcoholism and drug abuse [A10866 Detail]

Download: New_York-2019-A10866-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10866

                   IN ASSEMBLY

                                      July 24, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Finch,
          Barclay,  Palmesano,  Ashby,  Blankenbush,  Brabenec,  Byrne,  Byrnes,
          Crouch,  DeStefano,  DiPietro, Fitzpatrick, Friend, Garbarino, Giglio,
          Goodell, Hawley, Johns, Kolb, Lalor, Lawrence,  LiPetri,  Malliotakis,
          Manktelow,  McDonough,  Mikulin,  B. Miller,  M. L. Miller, Montesano,
          Morinello, Norris, Palumbo, Ra, Reilly, Salka, Schmitt,  Smith,  Smul-
          len,  Stec,  Tague,  Walczyk,  Walsh) -- read once and referred to the
          Committee on Alcoholism and Drug Abuse

        AN ACT to amend the mental hygiene law, in relation to the establishment
          and operations of a dedicated opioid rehabilitation facility  and  the
          personal needs allowance for residents of a dedicated opioid rehabili-
          tation  facility;  to amend the criminal procedure law, in relation to
          the diversion of certain defendants to a  mandatory  opioid  rehabili-
          tation  facility;  and to amend the correction law, in relation to the
          establishment of a dedicated opioid rehabilitation  facility  and  the
          provision of corrections officers to such facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  "the  Jessica
     2  Nicole Gentile law".
     3    §  2.  Legislative  intent.  (a) Opioid addiction is a chronic disease
     4  that can cause major health, social and economic problems. Opioids are a
     5  class of drugs that act in the nervous system  to  produce  feelings  of
     6  pleasure  and pain relief. Some opioids are legally prescribed by health
     7  care providers to manage severe and chronic  pain.  Commonly  prescribed
     8  opioids  include  oxycodone, fentanyl, buprenorphine, methadone, oxymor-
     9  phone, hydrocodone,  codeine,  and  morphine.  Other  opioids,  such  as
    10  heroin, are illegal drugs of abuse.
    11    Opioid  addiction  is  characterized by a powerful, compulsive urge to
    12  use opioid drugs, even if or when they are no longer required medically.
    13  Opioids have a high potential for causing addiction in some people, even
    14  when the medications are prescribed appropriately and taken as directed.
    15  Many prescription opioids are misused or diverted to others.    Individ-
    16  uals  who  become  addicted may prioritize getting and using these drugs

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16281-02-0

        A. 10866                            2

     1  over other activities in their lives, often negatively  impacting  their
     2  professional  and  personal relationships. It is unknown why some people
     3  are more likely to become addicted than others.
     4    Opioids  change the chemistry of the brain and lead to drug tolerance,
     5  which means that over time the dose needs to be increased to achieve the
     6  same effect.  Taking opioids over a long period of time produces depend-
     7  ence, such that when people stop taking the drug, they have physical and
     8  psychological symptoms of withdrawal (such as muscle cramping,  diarrhea
     9  and  anxiety).  Dependence  is not the same thing as addiction; although
    10  everyone who takes opioids for an extended period will become dependent,
    11  only a small percentage also experience the compulsive, continuing  need
    12  for the drug that characterizes addiction.
    13    Opioid addiction can cause life-threatening health problems, including
    14  the  risk  of overdose. Overdose occurs when high doses of opioids cause
    15  breathing to slow or stop, leading to unconsciousness and death  if  the
    16  overdose  is  not  treated  immediately.  Both legal and illegal opioids
    17  carry a risk of overdose if a person takes too much of the drug,  or  if
    18  opioids are combined with other drugs (particularly tranquilizers called
    19  benzodiazepines).
    20    In  many  cases,  addiction requires a gateway drug. Gateway drugs are
    21  substances that, when consumed,  give  way  to  harder,  more  dangerous
    22  drugs.  These  milder  substances,  such  as  nicotine  or  alcohol, are
    23  believed to open the door to the use of drugs such as meth,  heroin  and
    24  cocaine,  which  can  lead  to  addiction.  Opioid abuse does not always
    25  entail prior use of a gateway drug as  opioids  themselves  are  gateway
    26  drugs.
    27    Opioid  abuse,  along with the resulting overdose deaths, has risen to
    28  the point of being one of the worst drug epidemics in the history of the
    29  United States.   According  to  the  Centers  for  Disease  Control  and
    30  Prevention  (CDC)  more  than 750,000 people have died since 1999 from a
    31  drug overdose. Two out of three drug overdose deaths in 2018 involved an
    32  opioid. The CDC reports that opioids were involved in more  than  47,600
    33  overdose deaths in 2017 alone.
    34    Rarely  do  people  abusing  or addicted to opioids seek treatment for
    35  their addiction problems until they run  into  problems  with  the  law.
    36  According  to  research,  opioid abusers do not believe that quitting is
    37  even an option, as the  addiction  is  so  powerful,  they  cannot  even
    38  comprehend  being free of it. For the most part, there are no volunteers
    39  in current opioid recovery programs, just  forced  participants  ordered
    40  into  the programs by the court. This makes the legal system, in partic-
    41  ular the drug courts, an important part of this societal  mental  health
    42  crisis.
    43    (b)  New  York state leads the nation in the expansion and implementa-
    44  tion of drug courts into daily court operations.
    45    Drug courts  use  a  collaborative  approach  to  treatment  involving
    46  defense  attorneys,  prosecutors, treatment and education providers, and
    47  law enforcement officials. Article 216 of  the  criminal  procedure  law
    48  authorizes  a  criminal  drug  court to divert eligible felony offenders
    49  into substance abuse treatment programs in lieu of  incarceration  in  a
    50  correctional  facility.  Non-violent  offenders  voluntarily  enter  the
    51  program in which rules are clearly defined and a  contract  between  the
    52  offender, attorneys, the district attorney and the court is signed.
    53    There  are  141  drug courts in operation statewide. Defendants facing
    54  certain felony or misdemeanor charges where drug addiction is  a  compo-
    55  nent  of their offense may be eligible to participate in a criminal drug
    56  treatment court program. Those  who  successfully  complete  their  drug

        A. 10866                            3

     1  treatment  court  program may have their charges dismissed or reduced or
     2  may receive a reduction in their sentence.
     3    Young  adult  drug  treatment courts are operational in several of the
     4  criminal  courts.  These  courts  target  defendants  in  the   16-   to
     5  21-year-old population.
     6    In  2017,  New York state opened the first opioid court in the nation.
     7  The Buffalo Opioid Intervention Court provides  immediate  intervention,
     8  treatment  and medication for defendants who screen positive for opioids
     9  and who staff feel are at risk of overdose or addiction. The  University
    10  of  Buffalo  School of Family Medicine (UBFM), a grant partner, contrib-
    11  utes key staff positions. Those staff members provide daily case manage-
    12  ment for program participants and link those participants to  medication
    13  assisted treatment (MAT) within 48 hours of arraignment when indicated.
    14    In  the  Bronx,  which has one of the highest number of opioid-related
    15  overdoses and deaths in the state, the Bronx Opioid Avoidance and Recov-
    16  ery Court is a collaboration between the  court,  prosecutors,  and  the
    17  defense  bar.  Defendants  charged  with misdemeanor drug possession are
    18  diverted to existing treatment services. Because only misdemeanor offen-
    19  ders are eligible, charges are generally dismissed  upon  completion  of
    20  the recommended intervention.
    21    Results  from these diversion treatment programs have been positive. A
    22  2003 study of six drug courts conducted by the Center  for  Court  Inno-
    23  vation  demonstrated that the rates at which drug court graduates re-of-
    24  fend were significantly reduced as compared to rates at which  incarcer-
    25  ated   individuals   re-offended.   Notwithstanding  the  foregoing,  an
    26  additional treatment option is required.
    27    Unfortunately, a percentage of defendants passing through drug  courts
    28  and  their  treatment  options  have  a difficult time remaining free of
    29  drugs after completing treatment,  particularly  those  individuals  who
    30  abuse  or  are  addicted to opioids. As the American Medical Association
    31  has declared substance abuse a disease, it can be  assumed  some  people
    32  are  sicker than others.  After completing treatment in a rehabilitation
    33  program and returning into society, usually in the same town where their
    34  drug contacts were, these individuals have a  difficult  time  remaining
    35  drug-free.
    36    The  current  model of drug court will tolerate relapse after relapse,
    37  to a certain point.  When judges get weary of these chronically addicted
    38  defendants, they place them directly into the  criminal  system  of  the
    39  court  to  serve  prison  time.  There is no middle ground between "drug
    40  court" rehabilitation referral and "criminal  court  system"  incarcera-
    41  tion.  Once  in  the criminal court system, each opioid abuser or addict
    42  will cost the state approximately $65,000 to $80,000 a year (the average
    43  cost of maintaining a prisoner). The recidivism rate for those sentenced
    44  to prison is approximately 45%.
    45    The cost of maintaining long-term or even lifelong inmates  in  prison
    46  and  the  destruction of many lives could be reduced by adding an option
    47  to the system between drug court and the criminal  system:  a  mandatory
    48  state-run  opioid  rehabilitation center, where people could voluntarily
    49  sign away their right to leave for one year or longer  in  exchange  for
    50  not  being  put into the prison system. In other words, a lock-up treat-
    51  ment center.
    52    This approach stands in contrast to  current  rehabilitation  referral
    53  measures  which entail outpatient treatment or residential treatment for
    54  limited periods of time. For some  individuals,  rehabilitation  options
    55  are determined by their insurance plan, not their actual needs.

        A. 10866                            4

     1    A state-run residential rehabilitation center would provide drug court
     2  judges  with  another  alternative  to  criminal court. It would provide
     3  ongoing treatment over an extended period of  time;  participants  would
     4  not be released until health care providers believed they could success-
     5  fully refrain from drug use. Drug court judges would have another alter-
     6  native  to criminal court. They would no longer have to tolerate relapse
     7  after relapse.   Participants would benefit from  an  environment  where
     8  recovery would be easier for them.
     9    (c) The legislature finds and declares that it is in the best interest
    10  of  the people of the state of New York to reduce the burden on the drug
    11  courts, the cost to the state and the amount of time needed by the judi-
    12  cial system to handle drug cases by referring opioid-abusing or  opioid-
    13  addicted  criminal defendants to a facility under the supervision of the
    14  Office of Addiction Services  and  Supports,  while  at  the  same  time
    15  providing  desperately  needed treatment to such individuals. As opposed
    16  to incarceration, a mental health response  is  more  likely  to  reduce
    17  recidivism, saving both lives and taxpayer money.
    18    §  3.  The mental hygiene law is amended by adding a new article 23 to
    19  read as follows:
    20                                 ARTICLE 23
    21             DEDICATED OPIOID REHABILITATION TREATMENT FACILITY
    22  Section 23.01 Definitions.
    23          23.02 Establishment of a dedicated opioid rehabilitation facili-
    24                  ty.
    25          23.03 Dedicated opioid rehabilitation facility.
    26          23.04 Admission to a dedicated opioid  rehabilitation  treatment
    27                  facility.
    28          23.05 Referral  to a dedicated opioid rehabilitation facility by
    29                  an opioid court.
    30          23.06 Sentencing agreement.
    31          23.07 Minors.
    32          23.08 Discharge from a dedicated opioid rehabilitation facility.
    33          23.09 Treatment following  discharge  from  a  dedicated  opioid
    34                  rehabilitation facility.
    35          23.10 Court appearances.
    36          23.11 Records.
    37          23.12 Limitations.
    38          23.13 Study.
    39  § 23.01 Definitions.
    40    As used in this article:
    41    1.  "commissioner"  means  the commissioner of the office of addiction
    42  services and supports;
    43    2. "correctional  institution"  includes  state,  county  and  federal
    44  institutions or facilities of corrections and juvenile facilities;
    45    3.  "court"  or  "drug  court" means a state drug court, a young adult
    46  drug treatment court, the Buffalo  Opioid  Intervention  Court  and  the
    47  Bronx Opioid Avoidance and Recovery Court;
    48    4.  "dedicated  opioid  rehabilitation facility" or "facility" means a
    49  dedicated opioid rehabilitation facility established pursuant to section
    50  23.02 of this article;
    51    5. "defendant" means an individual  referred  to  a  dedicated  opioid
    52  rehabilitation  facility  pursuant  to an agreement entered into in drug
    53  court;
    54    6. "eligible defendant" means a defendant who qualifies as an eligible
    55  defendant as defined in section 216.00 of the criminal procedure law;

        A. 10866                            5

     1    7. "licensed health care provider" means an individual licensed pursu-
     2  ant to title eight of the education law;
     3    8.  "minor" means a defendant at least sixteen years of age, but under
     4  eighteen years of age, but does not include a person who is  the  parent
     5  of a child or has married or who is emancipated; and
     6    9. "office" means the office of addiction services and supports.
     7  § 23.02 Establishment of a dedicated opioid rehabilitation facility.
     8    1.  The  commissioner of addiction services and supports, in consulta-
     9  tion with the commissioner of health, the  commissioner  of  corrections
    10  and community supervision, the chief administrator of the courts and the
    11  commissioner  of the office of general services, shall establish a dedi-
    12  cated opioid rehabilitation facility for the purpose of providing  long-
    13  term  residential  treatment  of  opioid  abusing or addicted defendants
    14  referred to such facility from a drug court.
    15    2. Such facility shall be operated and supervised  by  the  office  of
    16  addiction  services  and  supports,  with support from the department of
    17  corrections and community supervision.
    18    3. Such facility shall be a secured (locked) facility established  for
    19  the purpose of providing long-term residential treatment of opioid abuse
    20  and opioid addiction as an alternative to incarceration.
    21    4.  In  selecting  the  location  of the facility, preference shall be
    22  given to a site near the Buffalo Opioid Intervention Court or the  Bronx
    23  Opioid  Avoidance  and  Recovery  Court  and  to  facilities  previously
    24  utilized as part of the corrections system or the mental health  system.
    25  Consideration shall be given to the mental health resources available in
    26  the area of the site.
    27  § 23.03 Dedicated opioid rehabilitation facility.
    28    1.  A  dedicated  opioid  rehabilitation treatment facility shall be a
    29  secure (locked) facility.
    30    2. Staff at the facility shall include, but not be limited to:
    31    (a) qualified and  licensed  health  care  providers,  counselors  and
    32  support staff as determined by the office;
    33    (b)  administrative,  maintenance, custodial and other staff as deter-
    34  mined by the office; and
    35    (c) corrections officers, in a number as agreed upon by the office and
    36  the department of corrections and community  supervision  sufficient  to
    37  maintain  order  and remove the temptation of defendants residing at the
    38  facility to flee.
    39    3. Living quarters for defendants referred to the  facility  shall  be
    40  arranged in dormitories housing between four and six defendants.
    41    (a)  Dormitory  facilities  for men and women admitted to the facility
    42  shall be maintained separately.
    43    (b) Dormitory facilities for minors  shall  be  maintained  separately
    44  from dormitory facilities for adults.
    45  § 23.04 Admission to a dedicated opioid rehabilitation treatment facili-
    46             ty.
    47    1.  Admission  to a dedicated opioid rehabilitation treatment facility
    48  shall be allowed only upon referral by a  drug  court  to  the  facility
    49  pursuant  to  the  provisions  of  a sentencing agreement as provided in
    50  section 23.06 of this article.
    51    2. Admission shall be  made  solely  for  the  purpose  of  long-term,
    52  secured residential treatment of opioid abuse and addiction.
    53    3.  A  defendant who has been charged with a class A or class B felony
    54  or of a violent felony offense as described  in  section  70.02  of  the
    55  penal  law  shall not be a candidate for admission to a dedicated opioid
    56  rehabilitation facility.

        A. 10866                            6

     1    4. A defendant shall not be a candidate for admission to the  facility
     2  if,  in the discretion of the sentencing court, such person is deemed to
     3  be a danger to himself or herself or to other people, or to  be  a  high
     4  flight risk.
     5    5.  A  minor who meets the criteria for admission as described in this
     6  section may be admitted to the facility, subject to  the  provisions  of
     7  section 23.07 of this article.
     8    6.  A dedicated opioid rehabilitation facility shall have the right to
     9  refuse admission to a defendant whom the facility does not deem a  suit-
    10  able  candidate for successful completion of the programs offered by the
    11  facility.
    12  § 23.05 Referral to a dedicated opioid  rehabilitation  facility  by  an
    13             opioid court.
    14    1.  In his or her discretion, and in accordance with the provisions of
    15  section 216.05 of the criminal procedure law  and  of  this  article,  a
    16  judge  of  a  drug  court  may order a defendant to enter treatment at a
    17  dedicated opioid  rehabilitation  facility.  Any  such  order  shall  be
    18  dependent  upon  approval  by  the  court  of  a sentencing agreement as
    19  provided in section 23.06 of this article.
    20    2. Notwithstanding the provisions of subdivision one of this  section,
    21  a  judge  shall  not  be  required to approve a sentencing agreement for
    22  referral to a dedicated opioid rehabilitation facility, if,  in  his  or
    23  her  discretion, the judge determines that such defendant is not a suit-
    24  able candidate for admission to such facility because:
    25    (a) the defendant is deemed to be a danger to himself or herself or to
    26  other people;
    27    (b) the defendant is deemed to be a high flight risk;
    28    (c) the defendant suffers from substantial mental illness which is not
    29  related to the defendant's opioid abuse or addiction,  excluding  mental
    30  illness such as depression which may be related to the opioid use;
    31    (d)  the  defendant's  past history indicates that the defendant would
    32  not successfully complete the facility program;
    33    (e) of the nature and severity of the crime which with  the  defendant
    34  is charged; or
    35    (f)  of  such other reason as the judge, in his or her sole discretion
    36  may determine.
    37    3. (a) Prior relapse in an alternate drug court treatment program or a
    38  private or public treatment program  shall  not  be  a  prerequisite  to
    39  admission to a dedicated opioid rehabilitation facility.
    40    (b)  A  defendant  who  has relapsed two or more times in an alternate
    41  drug court treatment program shall be referred for admission to a  dedi-
    42  cated opioid rehabilitation facility or ordered to be incarcerated.
    43    4.  (a)  An  opioid  addicted or opioid abusing defendant who has been
    44  sentenced to incarceration in a correctional facility by  a  drug  court
    45  shall  be  eligible to petition the sentencing court for reconsideration
    46  of sentencing and consideration for an  order  of  the  court  directing
    47  admission of the defendant to a dedicated opioid rehabilitation facility
    48  in accordance with the provisions of this article, provided that:
    49    (i)  at  least one year remains on such defendant's sentence of incar-
    50  ceration; or
    51    (ii) if less than one year remains on  such  defendant's  sentence  of
    52  incarceration,  such  defendant agrees to remain at the dedicated opioid
    53  rehabilitation facility for a period of not less than one year.
    54    (b) The granting of a petition described in this subdivision shall  be
    55  in the sole discretion of the court.

        A. 10866                            7

     1    5.  Nothing  in  this  article  shall prohibit a sentencing judge from
     2  sentencing a defendant to incarceration in lieu of admission to a  dedi-
     3  cated opioid rehabilitation facility.
     4  § 23.06 Sentencing agreement.
     5    1. Prior to the issuance of an order directing entry into treatment at
     6  a  dedicated opioid rehabilitation facility as provided in section 23.05
     7  of this  article,  the  defendant,  the  defendant's  attorney  and  the
     8  district  attorney,  or  his or her designee, shall enter into a written
     9  sentencing agreement as provided in this section and in  section  216.05
    10  of the criminal procedure law. Such agreement shall be incorporated into
    11  the  record  and shall be approved by the court prior to the issuance of
    12  an order; provided, however, that the court is not required  to  approve
    13  any  agreement which the sentencing judge finds deficient or inappropri-
    14  ate given the circumstances of the case. A copy of such agreement  shall
    15  be  provided  to  the  defendant, to the defendant's attorney and to the
    16  dedicated opioid rehabilitation facility the  defendant  is  ordered  to
    17  attend.
    18    2.  In the case of a defendant who is a minor, such defendant's parent
    19  or guardian shall also be required to consent to the agreement on behalf
    20  of the minor unless the  court  determines  that  parental  or  guardian
    21  involvement  would  have a detrimental effect on the course of treatment
    22  of the minor or is not in the best interests of the minor. In  the  case
    23  of  a  minor who is in the care and custody of the state, consent to the
    24  agreement shall be obtained from the appropriate representative  of  the
    25  department of social services or agency with which the minor was placed.
    26    3.  In addition to any requirements specified in section 216.05 of the
    27  criminal procedure law, a sentencing agreement recommending diversion to
    28  an  opioid  rehabilitation  facility   shall   include   the   following
    29  provisions:
    30    (a)  the  defendant's agreement to reside at the facility for a period
    31  of not less than one year nor more than two years, with  the  length  of
    32  time  being  determined  by  the  rehabilitation  progress the defendant
    33  makes;
    34    (b) the defendant's agreement to be  physically  incarcerated  at  the
    35  facility in lieu of being incarcerated at a correctional facility;
    36    (c)  a  statement by the defendant that he or she understands that the
    37  determination of the defendant's readiness to leave the  facility  shall
    38  be made by staff at the facility; and
    39    (d)  a  statement  by the defendant that the defendant understands and
    40  agrees that if he or she does not comply with the treatment  program  at
    41  the  facility,  any  time  spent  at  the facility shall not be credited
    42  toward the defendant's sentence.
    43  § 23.07 Minors.
    44    1. In treating a minor at a dedicated opioid rehabilitation  treatment
    45  facility, the important role of the parents or guardians shall be recog-
    46  nized.  Steps  shall be taken to involve the parents or guardians in the
    47  course of treatment, unless in the judgment of a  licensed  health  care
    48  provider treating the minor, parental or guardian involvement would have
    49  a  detrimental  effect on the course of treatment of the minor or is not
    50  in the best interests of the minor.
    51    2. Treatment of a minor may be provided to the  minor  by  a  licensed
    52  health care provider operating through the facility, or a person operat-
    53  ing  under  such health care provider's supervision, without the consent
    54  or involvement of the minor's parent or guardian. In  the  case  of  the
    55  treatment of a minor who is in the care and custody of the state, treat-
    56  ment  of  a minor may be provided to the minor by a licensed health care

        A. 10866                            8

     1  provider operating through the facility, or  a  person  operating  under
     2  such health care provider's supervision, without the consent or involve-
     3  ment of the department of social services or agency with which the minor
     4  was placed.
     5  § 23.08 Discharge from a dedicated opioid rehabilitation facility.
     6    1.  A  defendant shall be discharged from a dedicated opioid rehabili-
     7  tation facility upon the occurrence of the first of:
     8    (a) a determination by the facility health  care  providers  or  by  a
     9  licensed  health  care provider designated by the sentencing drug court,
    10  or by the opioid court if the defendant's case has been  transferred  to
    11  an  opioid court, that the defendant has made sufficient progress in his
    12  or her rehabilitation to leave the facility program, provided that  such
    13  determination  shall  not  be  made until the defendant has completed at
    14  least one year of successful treatment at the facility;
    15    (b) the expiration of two years at the facility, regardless of whether
    16  the defendant has successfully  completed  the  facility  rehabilitation
    17  program;
    18    (c)  the  defendant's  refusal  to  cooperate with his or her facility
    19  rehabilitation program requirements or to continue in the facility reha-
    20  bilitation program;
    21    (d) the defendant's medical or psychological inability to continue  in
    22  the  facility  rehabilitation  program due to a medical or psychological
    23  condition or  event  clinically  unrelated  to  the  defendant's  opioid
    24  addiction; or
    25    (e)  at  the  request  of the facility to the court for removal of the
    26  defendant from the facility.
    27    2. A defendant who is discharged from the facility pursuant  to  para-
    28  graph  (a)  of  subdivision one of this section shall be referred by the
    29  facility, upon approval by the sentencing court, to a halfway house  and
    30  support program pursuant to section 23.09 of this article.
    31    3.  A  defendant who is discharged from the facility pursuant to para-
    32  graph (b) of subdivision one of this section shall  be  re-sentenced  by
    33  the sentencing court, or by the nearest opioid court if such defendant's
    34  case  has  been  transferred to the opioid court, to serve the remaining
    35  balance of such defendant's sentence at  an  alternative  rehabilitation
    36  program  or  at  a  correctional institution, in the court's discretion.
    37  The facility health care provider or providers who treated the defendant
    38  during the facility rehabilitation program shall provide the  sentencing
    39  court  with  a  written  report  or  reports  detailing  the defendant's
    40  progress or lack of progress in the program. If, in the opinion  of  the
    41  facility  health care providers, the defendant has evidenced a desire to
    42  overcome his or her addiction or  abuse  issues,  and  made  substantive
    43  progress toward doing so, the defendant shall receive credit toward time
    44  served for his or her time at the dedicated opioid rehabilitation facil-
    45  ity.  If,  in  the  opinion  of  the facility health care providers, the
    46  defendant has not evidenced a desire to overcome his or her addiction or
    47  abuse issues, or not made substantive  progress  toward  doing  so,  the
    48  defendant  shall  not  receive  credit toward time served for his or her
    49  time at the dedicated opioid rehabilitation facility.
    50    4. A defendant who is discharged from the facility pursuant  to  para-
    51  graph  (c)  of  subdivision one of this section shall be re-sentenced by
    52  the sentencing court, or by the nearest opioid court if such defendant's
    53  case has been transferred to the opioid court, to  serve  the  remaining
    54  balance  of such defendant's sentence at a correctional institution. The
    55  facility health care provider or providers  who  treated  the  defendant
    56  during  the facility rehabilitation program shall provide the court with

        A. 10866                            9

     1  a written report or reports detailing the defendant's progress  or  lack
     2  of  progress  in  the program. If, in the opinion of the facility health
     3  care providers, the defendant has not evidenced a desire to overcome his
     4  or  her  addiction  or abuse issues, or made substantive progress toward
     5  doing so, the defendant shall not receive credit toward time served  for
     6  his  or  her  time at the dedicated opioid rehabilitation facility. Such
     7  defendant shall not be eligible for diversion  to  any  other  rehabili-
     8  tation  program  in  lieu  of incarceration for a period of at least one
     9  year; provided, however, that nothing in this subdivision shall  prevent
    10  a  defendant from participating in a rehabilitation program while at the
    11  correctional institution.
    12    5. (a) A defendant who is discharged from a dedicated opioid rehabili-
    13  tation facility pursuant to paragraph (d) of  subdivision  one  of  this
    14  section shall be eligible to return to the opioid rehabilitation facili-
    15  ty  upon completion of any necessary medical or psychological treatment,
    16  if the defendant is medically and psychologically capable of  return  to
    17  the  facility  and  continued  participation in the facility's rehabili-
    18  tation program.  Such return to the facility, or alternative sentencing,
    19  shall be in the discretion of the court, or the nearest opioid court  if
    20  such defendant's case has been transferred to the opioid court.
    21    (b)  The  facility  health  care provider or providers who treated the
    22  defendant during the facility rehabilitation program shall  provide  the
    23  court  with  a  written  report  or  reports  detailing  the defendant's
    24  progress or lack of progress in the program prior to the  onset  of  the
    25  defendant's   inability  to  continue  in  the  facility  rehabilitation
    26  program.
    27    (i) If, in the opinion of the  facility  health  care  providers,  the
    28  defendant  has  evidenced  a  desire to overcome his or her addiction or
    29  abuse issues, or has made substantive  progress  toward  doing  so,  the
    30  defendant  shall  be allowed to return to the dedicated opioid rehabili-
    31  tation facility.
    32    (ii) If, in the opinion of the facility  health  care  providers,  the
    33  defendant has not evidenced a desire to overcome his or her addiction or
    34  abuse  issues  or has not made substantive progress toward doing so, the
    35  defendant shall not be allowed to return to the facility and  shall  not
    36  receive  credit  toward time served for his or her time at the dedicated
    37  opioid rehabilitation facility.
    38    (c) If during the period of the defendant's treatment for the  medical
    39  or  psychological  condition that gave rise to the inability to continue
    40  in the facility rehabilitation program, the provisions of paragraph  (a)
    41  or  (b)  of  subdivision  one  of  this section apply, the provisions of
    42  subdivisions two or three of  this  section,  as  applicable,  shall  be
    43  controlling.
    44    6.  A  defendant who is discharged from the facility pursuant to para-
    45  graph (e) of subdivision one of this section shall not  be  eligible  to
    46  return to the facility.
    47  §  23.09 Treatment following discharge from a dedicated opioid rehabili-
    48             tation facility.
    49    1. A defendant who is discharged from  a  dedicated  opioid  rehabili-
    50  tation  facility pursuant to paragraph (a) of subdivision one of section
    51  23.08 of this article shall be required by the  court  to  reside  at  a
    52  halfway  house  to  reintegrate the defendant into society for a minimum
    53  period of two months up to a maximum period of two years.
    54    2. A defendant who is discharged from  a  dedicated  opioid  rehabili-
    55  tation  facility pursuant to paragraph (b) of subdivision one of section
    56  23.08 of this article and subsequently sentenced to serve the  remaining

        A. 10866                           10

     1  balance  of  or a portion of such defendant's sentence at an alternative
     2  rehabilitation program shall be required by the court  to  reside  at  a
     3  halfway  house  to  reintegrate the defendant into society for a minimum
     4  period  of  two  months  up  to  a maximum period of two years following
     5  successful completion of the alternative rehabilitation program.
     6    3. In the discretion of the counselors at the halfway house, a defend-
     7  ant may be required to attend one year of relapse prevention  counseling
     8  subsequent to leaving the halfway house.
     9    4.  (a)  In  the  discretion  of  the sentencing court, or the nearest
    10  opioid court if such defendant's case has been transferred to the opioid
    11  court, a defendant who has been in compliance with the programs  at  the
    12  dedicated  opioid  rehabilitation facility program and the halfway house
    13  and with all alternative rehabilitation and support  programs  shall  be
    14  eligible  for  probation  or  other  disposition  of  his or her case in
    15  accordance with the provisions of subdivision ten of section  216.05  of
    16  the criminal procedure law. Time served in the dedicated opioid rehabil-
    17  itation  facility program, the halfway house and other alternative reha-
    18  bilitation and support  programs  shall  be  credited  toward  the  time
    19  remaining on the defendant's sentence.
    20    (b)  If  a  defendant relapses into opioid addiction or abuse while on
    21  probation, the court may revoke the sentence of probation in  accordance
    22  with  article  four  hundred  ten of the criminal procedure law. In such
    23  case, the defendant will lose credit for time served  in  the  dedicated
    24  opioid  rehabilitation  facility program, the halfway house and with all
    25  alternative rehabilitation and support programs.
    26    (c) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
    27  sion,  a defendant who has been discharged from the halfway house and is
    28  on probation may  voluntarily  seek  additional  treatment  through  the
    29  court,  including a return to the mandatory rehabilitation program or an
    30  alternative rehabilitation or support program, or seek additional treat-
    31  ment at a private or public facility, without loss of  credit  for  time
    32  served  in  the  dedicated  opioid  rehabilitation facility program, the
    33  halfway house  and  with  all  alternative  rehabilitation  and  support
    34  programs.
    35  § 23.10 Court appearances.
    36    1.  While  residing  at  a dedicated opioid rehabilitation facility, a
    37  defendant shall  attend  requisite  appearances  before  the  sentencing
    38  court, provided such court is located within thirty miles of the facili-
    39  ty.  Transportation  to the court shall be provided by the department of
    40  corrections. With the permission of the`sentencing court, and in accord-
    41  ance with guidelines promulgated  by  the  chief  administrator  of  the
    42  court, the defendant may make an appearance at such hearing by electron-
    43  ic means in lieu of in-person attendance.
    44    2. If the sentencing drug court is located more than thirty miles from
    45  the dedicated opioid rehabilitation facility, the sentencing court shall
    46  transfer the defendant's case to the nearest opioid court, in accordance
    47  with guidelines promulgated by the chief administrator of the court.
    48  § 23.11 Records.
    49    1.  After  the admission of any defendant, the director of a dedicated
    50  opioid rehabilitation facility shall, within five days excluding  Sunday
    51  and  holidays, forward to the office such information from the record in
    52  such time and manner as the commissioner shall  require  by  regulation.
    53  Such  information from the record in the office shall be accessible only
    54  in the manner set forth in sections 33.13 and 33.16 of this chapter.
    55    2. All records of identity,  diagnosis,  prognosis,  or  treatment  in
    56  connection with a person's receipt of chemical dependence services shall

        A. 10866                           11

     1  be confidential and shall be released only in accordance with applicable
     2  provisions  of  the  public health law, any other state law, federal law
     3  and duly executed court orders.
     4  § 23.12 Limitations.
     5    1.  A  defendant  shall  not  be  eligible for referral to a dedicated
     6  opioid rehabilitation facility more than two times, regardless of wheth-
     7  er the defendant completes the program offered by the facility. Notwith-
     8  standing the foregoing, if a defendant is unable to complete the  course
     9  of  treatment  at  a  dedicated  opioid rehabilitation facility due to a
    10  medical or psychological condition or event clinically unrelated to  the
    11  defendant's opioid addiction, in the discretion of the sentencing court,
    12  or  the opioid court if the defendant's case has been transferred to the
    13  opioid court, the defendant shall be eligible to return to the dedicated
    14  opioid rehabilitation facility upon completion of any necessary  medical
    15  or  psychological  treatment,  in  accordance  with  subdivision five of
    16  section 23.08 of this article.
    17    2. Referral to a dedicated opioid rehabilitation facility  shall  only
    18  be  made  in  the  case  of  a  defendant  whose primary addiction is to
    19  opioids. A defendant who is not addicted to opioids does not qualify for
    20  referral to a dedicated opioid rehabilitation  facility,  regardless  of
    21  any other addictions or abuse issues the defendant has.
    22  § 23.13 Study.
    23    Five   years   after  the  dedicated  opioid  rehabilitation  facility
    24  commences operations, the commissioner shall provide the  governor,  the
    25  temporary  president  of the senate, the speaker of the assembly and the
    26  minority leaders of the senate and the assembly with a report evaluating
    27  whether the facility programs have resulted in a reduction of opioid use
    28  in the general population, the effect of  treatment  in  helping  reduce
    29  recidivism  and  whether  there  has  been  a  cost savings to the state
    30  through treatment through the facility in lieu of incarceration, togeth-
    31  er with such other matters as the commissioner deems relevant.
    32    § 4. The opening paragraph of subdivision (b) of section 33.08 of  the
    33  mental  hygiene  law,  as  added  by chapter 709 of the laws of 1986, is
    34  amended to read as follows:
    35    Any inpatient of a hospital operated by the office of mental health, a
    36  dedicated opioid rehabilitation facility or a state operated  alcoholism
    37  facility  shall  be  entitled  to  receive  a  monthly state payment for
    38  personal needs for each full calendar month commencing on or  after  the
    39  effective date of this section, in which the patient is in such hospital
    40  or alcoholism facility, if such patient also:
    41    §  5.  Subdivision  (f) of section 19.17 of the mental hygiene law, as
    42  amended by section 1 of part K of chapter 58 of the  laws  of  2009,  is
    43  amended to read as follows:
    44    (f)  There  shall  be in the office the facilities named below for the
    45  care, treatment and rehabilitation of  the  mentally  disabled  and  for
    46  clinical  research  and  teaching in the science and skills required for
    47  the care, treatment and rehabilitation of such mentally disabled.
    48    R.E. Blaisdell Addiction Treatment Center
    49    Bronx Addiction Treatment Center
    50    C.K. Post Addiction Treatment Center
    51    Creedmoor Addiction Treatment Center
    52    Dick Van Dyke Addiction Treatment Center
    53    Kingsboro Addiction Treatment Center
    54    McPike Addiction Treatment Center
    55    Richard C. Ward Addiction Treatment Center
    56    J.L. Norris Addiction Treatment Center

        A. 10866                           12

     1    South Beach Addiction Treatment Center
     2    St. Lawrence Addiction Treatment Center
     3    Stutzman Addiction Treatment Center
     4    A  dedicated  opioid  rehabilitation  facility established pursuant to
     5  article twenty-three of this title
     6    § 6. Subdivisions 4, 5, 6, 7 and 8 of section 216.05 of  the  criminal
     7  procedure law, subdivisions 4, 6 and 7 as added by section 4 of part AAA
     8  of  chapter  56 of the laws of 2009, subdivision 5 as amended by chapter
     9  67 of the laws of 2016 and subdivision 8 as amended by  chapter  315  of
    10  the laws of 2016, are amended to read as follows:
    11    4.  When  an authorized court determines, pursuant to paragraph (b) of
    12  subdivision three of this section, that an eligible defendant should  be
    13  offered  alcohol  or  substance abuse treatment, or when the parties and
    14  the court agree to an eligible defendant's participation in  alcohol  or
    15  substance  abuse  treatment,  an  eligible  defendant  may be allowed to
    16  participate in the judicial diversion program offered by  this  article.
    17  Prior  to  the court's issuing an order granting judicial diversion, the
    18  eligible defendant shall be required to enter a plea of  guilty  to  the
    19  charge  or charges; provided, however, that no such guilty plea shall be
    20  required when:
    21    (a) the people and the court consent to the entry  of  such  an  order
    22  without a plea of guilty; or
    23    (b)  based on a finding of exceptional circumstances, the court deter-
    24  mines that a plea of guilty shall not be required. For purposes of  this
    25  subdivision,  exceptional  circumstances  exist  when, regardless of the
    26  ultimate disposition of the case, the entry of a plea of guilty is like-
    27  ly to result in severe collateral consequences; or
    28    (c) the defendant is ordered to enter  a  dedicated  opioid  rehabili-
    29  tation  program  pursuant  to article twenty-three of the mental hygiene
    30  law.
    31    5. The defendant shall agree on the record or in writing to  abide  by
    32  the  release  conditions set by the court, which, shall include: partic-
    33  ipation in a specified period of alcohol or substance abuse treatment at
    34  a specified program or programs  identified  by  the  court,  which  may
    35  include  periods of detoxification, residential or outpatient treatment,
    36  or both, as determined after taking into account the views of the health
    37  care professional who conducted the alcohol and substance  abuse  evalu-
    38  ation  and  any health care professionals responsible for providing such
    39  treatment or monitoring the defendant's progress in such treatment;  and
    40  may  include: (i) periodic court appearances, which may include periodic
    41  urinalysis; (ii) a requirement that the defendant refrain from  engaging
    42  in criminal behaviors; (iii) if the defendant needs treatment for opioid
    43  abuse  or  dependence,  that  he  or  she may participate in and receive
    44  medically prescribed drug treatments under the care  of  a  health  care
    45  professional  licensed  or  certified under title eight of the education
    46  law, acting within his or her lawful scope of practice, provided that no
    47  court shall require the use of any  specified  type  or  brand  of  drug
    48  during the course of medically prescribed drug treatments; and (iv) if a
    49  defendant  in  a  case  brought  in  an opioid court needs treatment for
    50  opioid abuse or dependence, that he or she may be referred  to  a  dedi-
    51  cated  opioid  rehabilitation facility in accordance with the provisions
    52  of article twenty-three of the mental hygiene law.
    53    6. (a) Upon an eligible defendant's agreement to abide by  the  condi-
    54  tions set by the court, the court shall issue a securing order providing
    55  for bail or release on the defendant's own recognizance and conditioning
    56  any  release  upon  the agreed upon conditions. The period of alcohol or

        A. 10866                           13

     1  substance abuse treatment shall begin as specified by the court  and  as
     2  soon  as  practicable after the defendant's release, taking into account
     3  the availability of treatment, so as to  facilitate  early  intervention
     4  with respect to the defendant's abuse or condition and the effectiveness
     5  of  the  treatment program. In the event that a treatment program is not
     6  immediately available or becomes unavailable during the  course  of  the
     7  defendant's  participation  in the judicial diversion program, the court
     8  may release the defendant pursuant to the securing order.
     9    (b) Upon the agreement of an eligible defendant in a case  brought  in
    10  an  opioid  court to abide by the conditions set by the court, the court
    11  shall issue an order directing the commitment of  such  defendant  to  a
    12  dedicated   opioid   rehabilitation  facility  in  accordance  with  the
    13  provisions of article twenty-three of the mental hygiene law.
    14    7. (a) When participating in judicial diversion treatment pursuant  to
    15  this  article, any resident of this state who is covered under a private
    16  health insurance policy or contract issued for delivery  in  this  state
    17  pursuant to article thirty-two, forty-three or forty-seven of the insur-
    18  ance  law  or  article  forty-four  of  the public health law, or who is
    19  covered by a self-funded plan which provides coverage for the  diagnosis
    20  and  treatment of chemical abuse and chemical dependence however defined
    21  in such policy; shall first seek reimbursement  for  such  treatment  in
    22  accordance with the provisions of such policy or contract.
    23    (b)  In  the  case  of a defendant ordered to enter a dedicated opioid
    24  rehabilitation facility in accordance with  the  provisions  of  article
    25  twenty-three  of  the mental hygiene law, who is covered under a private
    26  health insurance policy or contract issued for delivery  in  this  state
    27  pursuant to article thirty-two, forty-three or forty-seven of the insur-
    28  ance  law  or  article  forty-four  of  the public health law, or who is
    29  covered by a self-funded plan which provides coverage for the  diagnosis
    30  and  treatment of chemical abuse and chemical dependence however defined
    31  in such policy, such defendant shall first seek reimbursement  for  such
    32  treatment  in  accordance with the provisions of such policy or contract
    33  at the time of admission to the dedicated opioid  rehabilitation  center
    34  and  again upon discharge from such facility and resumption of treatment
    35  through any alternative in-patient or outpatient program.
    36    8. During the period of a defendant's participation  in  the  judicial
    37  diversion program, the court shall retain jurisdiction of the defendant,
    38  provided,  however, that, unless the defendant has been ordered to enter
    39  a dedicated  opioid  rehabilitation  facility  in  accordance  with  the
    40  provisions  of article twenty-three of the mental hygiene law, the court
    41  may allow such defendant to (i) reside in another jurisdiction, or  (ii)
    42  participate  in alcohol and substance abuse treatment and other programs
    43  in the jurisdiction where the defendant resides or in any  other  juris-
    44  diction,  while  participating  in  a  judicial  diversion program under
    45  conditions set by the court and agreed to by the defendant  pursuant  to
    46  subdivisions  five  and  six  of this section. The court may require the
    47  defendant to appear in court at any time to enable the court to  monitor
    48  the  defendant's  progress  in alcohol or substance abuse treatment. The
    49  court shall provide notice, reasonable under the circumstances,  to  the
    50  people,  the treatment provider, the defendant and the defendant's coun-
    51  sel whenever it orders or  otherwise  requires  the  appearance  of  the
    52  defendant  in  court.  Failure  to appear as required without reasonable
    53  cause therefor shall constitute a violation of  the  conditions  of  the
    54  court's agreement with the defendant.
    55    § 7. Section 5 of the correction law is amended by adding a new subdi-
    56  vision 7 to read as follows:

        A. 10866                           14

     1    7.  The  commissioner shall consult with the commissioner of addiction
     2  services and supports with respect to establishing  a  dedicated  opioid
     3  rehabilitation  facility for the purpose of providing long-term residen-
     4  tial treatment of defendants referred to such facility from the  Buffalo
     5  Opioid  Intervention  Court  and the Bronx Opioid Avoidance and Recovery
     6  Court, as provided in article twenty-three of the  mental  hygiene  law,
     7  and  shall  enter  into  agreements  with  the commissioner of addiction
     8  services and supports for the provision of  security  services  at  such
     9  facility or facilities.
    10    §  8.  This  act shall take effect on January 1, 2021. Effective imme-
    11  diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
    12  lation  necessary  for  the  implementation of this act on its effective
    13  date are authorized to be made and completed on or before such effective
    14  date.
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