N.Y. Correction Law § 72-a: Community treatment facilities

* § 72-a. Community treatment facilities. 1. Transfer of eligible

incarcerated individual. Notwithstanding the provisions of section

seventy-two of this chapter, any incarcerated individual confined in a

correctional facility who is an "eligible incarcerated individual" as

defined by subdivision two of section eight hundred fifty-one of this

chapter and has been certified by the office of alcoholism and substance

abuse services as being in need of substance abuse treatment and

rehabilitation may be transferred by the commissioner to a community

treatment facility.

2. Designation of facilities. A community treatment facility shall be

designated by the commissioner of the office of alcoholism and substance

abuse services and the commissioner. Such facility shall be operated by

a provider or sponsoring agency that has provided approved residential

substance abuse treatment services for at least two years duration.

3. Operating standards. The commissioner, after consultation with the

commissioner of the office of alcoholism and substance abuse services,

shall promulgate rules and regulations which provide for minimum

standards of operation, including but not limited to the following:

(a) provision for adequate security and protection of the surrounding

community;

(b) adequate physical plant standards;

(c) provisions for adequate program services, staffing, and record

keeping; and

(d) provision for the general welfare of the incarcerated individuals.

4. Community supervision. The department shall provide for the

provision of community supervision services. All incarcerated

individuals residing in a community treatment facility shall be assigned

to parole officers for supervision. Such parole officers shall be

responsible for providing such supervision.

5. Reports. The department and the division of substance abuse

services shall jointly issue quarterly reports including a description

of those facilities that have been designated as community treatment

facilities, the number of incarcerated individuals confined in each

facility, a description of the programs within each facility, and the

number of absconders, if any, as well as the nature and number of

re-arrests, if any, during the individual's period of community

supervision. Copies of such reports, as well as copies of any inspection

report issued by the department or the commission of correction shall be

sent to the director of the budget, the chairman of the senate finance

committee, the chairman of the senate crime and correction committee,

the chairman of the assembly ways and means committee and the chairman

of the assembly committee on codes.

6. Reimbursement. (a) The commissioner, in consultation with the

commissioner of the office of alcoholism and substance abuse services,

shall enter into an agreement with the office of alcoholism and

substance abuse services whereby the office of alcoholism and substance

abuse services will contract with community treatment facilities for

provision of services pursuant to this section within amounts made

available by the department. Each contract shall provide for frequent

visitation, inspection of the facility, and enforcement of the minimum

standards and shall authorize the supervision of incarcerated

individuals residing in a community treatment facility by parole

officers.

(b) The commissioner shall promulgate rules and regulations specifying

those costs related to the general operation of community treatment

facilities that shall be eligible for reimbursement. Such eligible costs

shall not include debt service, whether principal or interest, or costs

for which state or federal aid or reimbursement is otherwise available.

Such rules and regulations shall be subject to the approval of the

director of the budget.

(c) The department shall not contract for provision of services to

more than fifty incarcerated individuals at any one facility.

(d) At least thirty days prior to final approval of any such contract,

a copy of the proposed contract shall be sent to the director of the

budget, the chairman of the senate finance committee, the chairman of

the senate crime and correction committee, the chairman of the assembly

ways and means committee, and the chairman of the assembly committee on

codes.

* NB Expires September 1, 2027