STATE OF NEW YORK ________________________________________________________________________ 4062 2025-2026 Regular Sessions IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. GRAY, McDONOUGH, K. BROWN, BEEPHAN -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the mental hygiene law, in relation to providing medication assisted treatment for opioid use disorders to incarcerated individuals in county correctional facili- ties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 19 of section 45 of the correction law, as 2 amended by chapter 486 of the laws of 2022, is amended to read as 3 follows: 4 19. Establish standards and guidelines for a program of medication 5 assisted treatment for incarcerated individuals in county jails and/or 6 county correctional facilities [equivalent to the program established in 7 state correctional facilities pursuant to section six hundred twenty-six 8 of this chapter and submit an annual report consistent with the require- 9 ments of subdivision three of such section] pursuant to section 19.18-c 10 of the mental hygiene law. 11 § 2. Subdivision 5 of section 505 of the correction law, as added by 12 chapter 147 of the laws of 2022, is amended to read as follows: 13 5. Corrections-based substance use disorder treatment and transition 14 services. Local correctional facilities shall operate a substance use 15 disorder treatment and transition services program pursuant to a plan 16 approved by the commissioner of the office of addiction services and 17 supports in accordance with section 19.18-c of the mental hygiene law 18 and section five hundred six of this article. 19 § 3. The correction law is amended by adding a new section 506 to read 20 as follows: 21 § 506. Medical testing for opioid use. 1. All incarcerated individuals 22 within county correctional facilities will be medically tested for 23 opioid use upon incarceration. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08241-01-5
A. 4062 2 1 2. Such testing shall be done by an organization, agency or medical 2 professional that is separate and independent from the providers of 3 medication assisted treatment. 4 3. Incarcerated individuals who test positive for opioid use shall be 5 informed of their eligibility for medication assisted treatment in 6 accordance with section 19.18-c of the mental hygiene law. 7 § 4. Section 19.18-c of the mental hygiene law, as amended by chapter 8 147 of the laws of 2022, is amended to read as follows: 9 § 19.18-c Corrections-based substance use disorder treatment and transi- 10 tion services. 11 1. Notwithstanding any other provision of this chapter, the commis- 12 sioner, in consultation with local governmental units, county sheriffs, 13 the New York city department of corrections and other stakeholders, 14 shall implement a jail-based substance use disorder treatment and tran- 15 sition services program that supports the initiation, operation and 16 enhancement of substance use disorder treatment and transition services 17 for persons with substance use disorder who are incarcerated in jails. 18 2. The services to be provided by such program shall be in accordance 19 with plans developed by participating local governmental units, in 20 collaboration with county sheriffs, [taking into account local needs and 21 available resources] medical professionals and correctional administra- 22 tors for the most effective, least costly methods. These plans must be 23 approved by the commissioner and shall include, but not be limited to, 24 the following: 25 (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management; 26 (b) [At least one formulation of every form of] Such formulations of 27 medication assisted treatments approved for the treatment of a substance 28 use disorder by the Federal Food and Drug Administration necessary to 29 ensure that each individual participating in the program receives the 30 particular form found to be the most effective, least costly method at 31 treating and meeting their individual needs while minimizing the diver- 32 sion of medication within the facility. The commissioner may allow 33 jails a limited exemption to providing opioid full agonist treatment 34 medications where the commissioner determines that no providers that 35 have received the required accreditation are located within a reasonable 36 distance of the facility. Jails that do not have the resources avail- 37 able to meet standards set forth herein may apply to the commissioner 38 for a limited exception allowing such jail to enter into an agreement 39 with a community- or jail-based program offering substance use disorder 40 treatment and transition services to provide such services to individ- 41 uals in such jails. Any such determination shall be reviewed on a regu- 42 lar basis; 43 (c) Group and individual counseling and clinical support; 44 (d) Peer support; 45 (e) Discharge planning; [and] 46 (f) Behavioral therapies; and 47 (g) Re-entry and transitional supports. 48 3. (a) After [a] medical [screening] testing, incarcerated individuals 49 who are determined to suffer from a substance use disorder for which 50 medication assisted treatment exists shall be offered placement in the 51 medication assisted treatment program. Placement in such program shall 52 not be mandatory. 53 (b) Each participating incarcerated individual shall work with an 54 authorized specialist to develop an individualized treatment plan, 55 including an appropriate level of counseling and planning for continuity 56 of care upon return to the community.
A. 4062 3 1 (c) Decisions regarding type, dosage, or duration of any medication 2 regimen shall be made by a qualified health care professional licensed 3 or certified under title eight of the education law who is authorized to 4 administer such medication in conjunction with the incarcerated individ- 5 ual and shall be done in consultation with correctional administrators 6 for the most effective, least costly method. 7 (d) Participation in the medication assisted treatment program shall 8 not be unreasonably withheld from a qualified incarcerated individual. 9 An incarcerated individual using medication assisted treatment prior to 10 such individual's incarceration shall be eligible to, upon request by 11 such individual[, continue such treatment in the medication assisted 12 treatment program for any period of time during the duration of such 13 individual's incarceration] within seventy-two hours of incarceration, 14 receive such treatment and shall continue such treatment for any period 15 of time during the duration of incarceration at the option of such indi- 16 vidual. 17 (e) If not actively in medication assisted treatment throughout incar- 18 ceration, the individual may, within four weeks prior to such incarcer- 19 ated individual's scheduled release date, participate in medication 20 assisted treatment, provided such incarcerated individual tested posi- 21 tive for opioid use or was actively participating in a treatment plan 22 prior to incarceration. 23 (f) No person shall be denied participation in the program on the 24 basis of a positive drug screening upon entering custody or upon intake 25 into the program; nor shall any person receive a disciplinary infraction 26 for such positive drug screening. No person shall be removed from, or 27 denied participation in the program on the basis of having received any 28 disciplinary infraction: (1) before entry into the program; or (2) 29 during participation in the program. 30 4. Within amounts appropriated therefor, funding shall be made avail- 31 able pursuant to criteria established by the office of addiction 32 services and supports in consultation with local governmental units, 33 which shall take into consideration the local needs and resources as 34 identified by local governmental units, the average daily jail popu- 35 lation, the average number of persons incarcerated in the jail that 36 require substance use disorder services and such other factors as may be 37 deemed necessary. 38 5. The office of addiction services and supports shall develop and 39 implement a training program for correctional staff and healthcare 40 providers necessary for the implementation of medication assisted treat- 41 ment. 42 6. Any jail-based substance use disorder treatment and transition 43 services program that is already in operation at the time this act shall 44 have become law and meets or exceeds the standards set forth in this 45 section shall be deemed to have met the requirements of subdivisions one 46 and two of this section. Such programs shall certify annually in writing 47 to the commissioner that they have met or exceeded the standards set 48 forth herein. 49 § 5. This act shall take effect on the ninetieth day after it shall 50 have become a law. Effectively immediately, the addition, amendment 51 and/or repeal of any rule or regulation necessary for the implementation 52 of this act on its effective date are authorized to be made and 53 completed on or before such date.