Provides for the reinvestment of funds into community-based services for persons suffering from chemical dependence and for establishment of fund

Summary of specific provisions

Section one of this bill provides for the legislative intent and findings as related to the decline in the state prison inmate census, due to the utilization of alternatives to incarceration and changes in sentencing laws for persons convicted of drug offenses, as well as the benefits of chemical dependence prevention.

Section two of this bill amends Mental Hygiene Law section 1.03 by adding a new subdivision 59. This subdivision defines the term "community chemical dependence reinvestment services."

Section three of this bill amends the Mental Hygiene Law by adding section 22.12 entitled "Community reinvestment program." Subdivision (a) directs the Commissioner of the Office of Alcoholism and Substance Abuse Services ("OASAS") to plan, promote, develop, evaluate and conduct programs and services of prevention, diagnosis, examination, care, treatment, rehabilitation, education and research for individuals who suffer from and/or are at risk for chemical dependence. Subdivision (b) states that all money received or accepted pursuant to this section shall be deposited in the chemical dependence reinvestment fund that is established pursuant to State Finance Law section 99-v. Subdivision (c) states that in approving funds pursuant to this section the Commissioner of OASAS shall consider the extent that local governments have maintained local contributions for expenditures for local services provided to persons diagnosed with chemical dependence. Subdivision (d) establishes the state interagency council on chemical dependence reinvestment fund utilization, which will be charged with development and implementation of a schedule for studying chemical dependence prevention and treatment programs.

Section four of this bill amends the State Finance Law by adding new section 95-i. Subdivision 1 provides that the Chemical Dependence Reinvestment Fund is established in the joint custody of the Comptroller and the Commissioner of Taxation and Finance. Subdivision 2 provides that following appropriation by the, Legislature, moneys held in the fund shall be available to the Commissioner of OASAS for community chemical dependence services.

Section five of this bill provides that each year and independent actuarial accounting of the savings generated from the declines in the state prison census shall be conducted and the results reported to the Governor, the Division of the Budget, the Senate Finance Committee, and the Assembly Ways and Means Committee no later than one year following the effective date.

Section six of this bill provides that this act shall take effect on the first of April next succeeding the date on which it shall have become a law.

Justification

Alcoholism and substance abuse is one of our State and Nation's leading public health problems, costing many billions of dollars and untold suffering in many families and every community. Recent studies by the New York State Office of Alcoholism and Substance Abuse Services ("OASAS") and other leading researchers have documented the dramatic successes of treatment and prevention in reducing not just alcohol and drug dependence and abuse, but also crime, AIDS, welfare, homelessness and other health and social ills.

Expanded alcoholism and substance abuse treatment and prevention will be the linchpin of any successful effort to reform our State's drug laws, as Courts and prosecutors must have additional resources available so they can divert appropriate addicted offenders from prison. Unfortunately, New York State has failed to adequately fund our existing base of alcoholism and substance abuse treatment and prevention programs. These programs have struggled throughout the past decade to maintain their place as the leading providers of those services in the Nation as budget cuts and lack of resources to address inflation and additional administrative requirements erode their very foundation. Treatment and prevention programs, as well as vocational and job skill training programs, need additional resources to be able to recruit and retain staff, install computer technology, and otherwise meet administrative requirements. The State's goal of assisting the many thousands of addicted offenders and their families who will need treatment, prevention, and job training services as a result of Rockefeller Drug Law Reform will not be realized unless we stabilize our existing community system.

This bill will address all these issues by providing the resources necessary to support the existing foundation of our Nation-leading alcoholism and substance abuse treatment and prevention system, as well as develop the necessary capacity to provide services to the thousands of people diverted from prison every year by sentencing reform.

Successful outcomes from the treatment of alcoholism and substance abuse are to be expected if the addicted individual receives the appropriate level of care for the proper duration of time and with the necessary aftercare. The single greatest predictor of treatment success is length of stay in treatment. The OASAS outcomes data demonstrates dramatic decreases in problem behaviors after six months in treatment. Drug and alcohol use decreases dramatically as does use of expensive healthcare (ER, inpatient hospital stay), arrests, incarceration, child abuse and neglect, domestic violence, and other undesirable behaviors. Employment increases, dependency on public assistance decreases, and quality of life improve after six months or more of treatment.

OASAS licensed community-based treatment is essential for public safety and public health. Releasing inmates or diverting arrestees without a strong treatment and job training component will pose a considerable public risk. Community-based treatment provides a therapeutic structure that increases dramatically the likelihood that a person will remain drug/alcohol free and become a law abiding, productive citizen.

This bill utilizes savings created by Rockefeller Drug Law Reform to strengthen base funding for existing alcoholism and substance abuse treatment and prevention programs (licensed or approved by OASAS) and to expand those services to address the needs of persons targeted by drug law reform and their families. The full continuum of OASAS licensed, certified, or approved alcoholism and substance abuse treatment, prevention, and vocational services will be supported by the reinvestment fund. Treatment services include outpatient, day treatment, inpatient, residential, emergency and crisis services, detoxification (inpatient and community-based), methadone and other pharmacotherapy, halfway houses and supportive living, aftercare services, services for homeless chemically addicted persons, services for persons with dual disorders, services for chemically-addicted persons with and/or at risk for or HIV infection, HIV-related illness or AIDS, and other hard to serve populations. Core treatment services, monitoring and reporting progress to the courts, and necessary ancillary services will be eligible for support.

Reinvestment is the best way to fund a major initiative to make treatment the first option in addressing behaviors related to addiction. Reinvestment has been crucial to the strengthening of New York State's mental health system.

Prior legislative history

2015: S.3229 - Referred to Alcoholism and Drug Abuse 2013-14: S.4452 - Referred to Mental Health & Developmental Disabilities 2011-12: S.2201-A - Reported to Finance 2009-10: S.2193 - Referred to Mental Health & Developmental Disabilities 2008: S.7228 - Referred to Mental Health & Developmental Disabilities

Fiscal implications

To be determined

Effective date

This act shall take effect on the first of April next succeeding the date on which it shall have become a law.