Relates to oversight of substance abuse services in state prisons by the commissioner of alcoholism and substance abuse services

Justification

The New York State Department of Correctional Services (DOCS) has identified 85 percent of prisoners to be in need of substance abuse treatment services. Research has shown that substance abuse treatment in prison, combined with aftercare, significantly reduces recidivism and lowers health care and other social service costs in the community. Studies show that prison treatment programs also have a significantly positive impact on inmate behavior, making our prisons safer and more secure.

The Department of Correctional Services operates a variety of substance abuse treatment programs at an approximate cost of 20 million dollars annually. Yet these programs function without sufficient oversight, monitoring and involvement of the state agency responsible for establishing policy, professional standards and coordination of alcohol and substance abuse services in New York State. This agency, the Office of Alcohol and Substance Abuse Treatment Services (OASAS), licenses only two of more than twenty substance abuse programs operated by the Department of Correctional Services. Correctional counselors facilitating these programs and conducting screening upon entry to prison are not required to be OASAS-certified substance abuse counselors. OASAS has never conducted a comprehensive review of DOCS substance abuse programming. Some limitations due to security considerations are inevitable in a correctional setting. However, there are increasing indications that improvements to DOCS policies and programs in this area may be necessary. DOCS conducts few evaluations of its own programming, but a recent report showed only a 5.2 percent reduction in recidivism for graduates of DOCS substance abuse programs. This was less than that achieved by all other categories of DOCS programming (vocational, educational or aggression) and significantly less than that reported by other prison treatment programs such as those in the federal Bureau of Prisons. Prisoners face lengthy waiting lists for treatment. Screening mechanisms may be over inclusive, adding to the delays. Despite increasing evidence that medication-assisted therapy is the most effective treatment for opiate addiction, thousands of prisoners dependent on heroin or other opiates have no access to methadone or buprenorphine. Although addiction is a chronic, relapsing disease, prisoners who use drugs during treatment are removed from programs, punished, and placed at the bottom of a waiting list, further delaying completion of treatment. Most prisoners are disciplined for drug use by confinement in the Special Housing Unit (SHU) where they have no access to treatment services, though their behavior may be symptomatic of clinical addiction. Particularly in light of the budget crisis, New Yorkers have a right to know that the funds invested in DOCS treatment programs is mon~y well spent. This bill provides that transparency by calling for the state agency with the professional expertise and experience in the field of substance abuse treatment to periodically evaluate DOCS policy and programs, making recommendations for improvements as necessary.

Prior legislative history

New legislation.

Fiscal implications for state and local governments

None

Effective date

This act would take immediately.