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 - Dead) 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. LBD16281-02-0A. 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 drugA. 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 careA. 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 withA. 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 remainingA. 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 shallA. 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 CenterA. 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 orA. 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.
