§ 72-A — Community treatment facilities

New York § 72-A

• Jurisdiction: New York
• Law COR: Correction
• Art. 4: Establishment of Correctional Facilities, Commitments to Department and Custody of Incarcerated Individuals

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* § 72-a. Community treatment facilities. 1. Transfer of eligible\nincarcerated individual. Notwithstanding the provisions of section\nseventy-two of this chapter, any incarcerated individual confined in a\ncorrectional facility who is an "eligible incarcerated individual" as\ndefined by subdivision two of section eight hundred fifty-one of this\nchapter and has been certified by the office of alcoholism and substance\nabuse services as being in need of substance abuse treatment and\nrehabilitation may be transferred by the commissioner to a community\ntreatment facility.\n 2. Designation of facilities. A community treatment facility shall be\ndesignated by the commissioner of the office of alcoholism and substance\nabuse services and the commissioner. Such facility shall be operated by\na provider or sponsoring agency that has provided approved residential\nsubstance abuse treatment services for at least two years duration.\n 3. Operating standards. The commissioner, after consultation with the\ncommissioner of the office of alcoholism and substance abuse services,\nshall promulgate rules and regulations which provide for minimum\nstandards of operation, including but not limited to the following:\n (a) provision for adequate security and protection of the surrounding\ncommunity;\n (b) adequate physical plant standards;\n (c) provisions for adequate program services, staffing, and record\nkeeping; and\n (d) provision for the general welfare of the incarcerated individuals.\n 4. Community supervision. The department shall provide for the\nprovision of community supervision services. All incarcerated\nindividuals residing in a community treatment facility shall be assigned\nto parole officers for supervision. Such parole officers shall be\nresponsible for providing such supervision.\n 5. Reports. The department and the division of substance abuse\nservices shall jointly issue quarterly reports including a description\nof those facilities that have been designated as community treatment\nfacilities, the number of incarcerated individuals confined in each\nfacility, a description of the programs within each facility, and the\nnumber of absconders, if any, as well as the nature and number of\nre-arrests, if any, during the individual's period of community\nsupervision. Copies of such reports, as well as copies of any inspection\nreport issued by the department or the commission of correction shall be\nsent to the director of the budget, the chairman of the senate finance\ncommittee, the chairman of the senate crime and correction committee,\nthe chairman of the assembly ways and means committee and the chairman\nof the assembly committee on codes.\n 6. Reimbursement. (a) The commissioner, in consultation with the\ncommissioner of the office of alcoholism and substance abuse services,\nshall enter into an agreement with the office of alcoholism and\nsubstance abuse services whereby the office of alcoholism and substance\nabuse services will contract with community treatment facilities for\nprovision of services pursuant to this section within amounts made\navailable by the department. Each contract shall provide for frequent\nvisitation, inspection of the facility, and enforcement of the minimum\nstandards and shall authorize the supervision of incarcerated\nindividuals residing in a community treatment facility by parole\nofficers.\n (b) The commissioner shall promulgate rules and regulations specifying\nthose costs related to the general operation of community treatment\nfacilities that shall be eligible for reimbursement. Such eligible costs\nshall not include debt service, whether principal or interest, or costs\nfor which state or federal aid or reimbursement is otherwise available.\nSuch rules and regulations shall be subject to the approval of the\ndirector of the budget.\n (c) The department shall not contract for provision of services to\nmore than fifty incarcerated individuals at any one facility.\n (d) At least thirty days prior to final approval of any such contract,\na copy of the proposed contract shall be sent to the director of the\nbudget, the chairman of the senate finance committee, the chairman of\nthe senate crime and correction committee, the chairman of the assembly\nways and means committee, and the chairman of the assembly committee on\ncodes.\n * NB Expires September 1, 2027\n