What's happening
This bill establishes medication assisted treatment programs for inmates with substance use disorders in New York correctional facilities and jails, including reentry support services.
Why it matters
Expands access to evidence-based addiction treatment in prisons and jails. By mandating the availability of FDA-approved medication assisted treatments (MAT) for substance use disorders, the legislation aligns correctional health care with current medical standards, potentially reducing withdrawal complications, overdose risk, and infectious disease transmission among incarcerated individuals.
Removes barriers and stigma for incarcerated individuals seeking treatment. The bill prohibits denying MAT to inmates based on positive drug screens or disciplinary infractions, and allows those already on MAT before incarceration to continue treatment, supporting continuity of care and reducing punitive responses to addiction.
Prioritizes individualized care and reentry support. Each participant receives a personalized treatment plan, including counseling and discharge planning, with specific supports for reentry such as a one-week medication supply, Medicaid enrollment assistance, and connections to community treatment, housing, and employment—measures shown to lower relapse and recidivism rates.
Enhances oversight, transparency, and local flexibility. Annual reports will assess program effectiveness and institutional impacts, while county jails must meet state standards but can adapt programs to local needs and resources; this combination aims to ensure both accountability and practical implementation across diverse correctional settings.
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Add Addiction Treatment in Prisons
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.465
- Reported and committed to finance
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.540
- Substituted for A833B
- Referred to ways and means
- Returned to assembly
Show 14 earlier actions
- Repassed senate
- Amended on third reading 2161b
- Amended on third reading 2161a
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 44–18
- Advanced to third reading
- 2nd report cal.
- 1st report cal.600
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Medication Treatment for Inmates
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2161--B Cal. No. 600
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, BIAGGI, CARLUCCI, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -reported favorably from said committee and committed… Show allHide
Introduced by Sens. BAILEY, BIAGGI, CARLUCCI, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the correction law, in relation to the establishment of a program for the use of medication assisted treatment for inmates; and to amend the mental hygiene law, in relation to the implementation of substance use disorder treatment and transition services in jails
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 626 to read as follows:
§ 626. Medication assisted treatment in correctional facilities. 1. For purposes of this section "medication assisted treatment" means treatment of chemical dependence or abuse and concomitant conditions with medications requiring a prescription or order from an authorized prescribing professional.
2. (a) The commissioner, in conjunction with the office of alcoholism and substance abuse services, shall establish a program to be administered at correctional facilities within the department in the state, for the purpose of employing medication assisted treatment for inmates in such facilities who are undergoing treatment for a substance use disorder. Such program shall include all forms of medication assisted treatments approved for the treatment of a substance use disorder by the Federal Food and Drug Administration for the duration of an inmate's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01849-08-9
S. 2161--B 2
incarceration and shall provide an individualized treatment plan for each participant. After a medical screening, inmates who are determined to suffer from a substance use disorder, for which FDA approved addiction medications exist shall be offered placement in the medication assisted treatment program. Placement in such program shall not be mandatory. Each participating inmate shall work with an authorized specialist to determine an individualized treatment plan, including an appropriate level of counseling. Decisions regarding type, dosage, or duration of any medication regimen shall be made by a qualified health care professional licensed or certified under title eight of the education law who is authorized to administer such medication in conjunction with the inmate.
(b) i. Such program shall also include conditions for a reentry strategy for inmates who have participated in medication assisted treatment. Such strategy shall include, but not be limited to, providing each participating inmate with information on available treatment facilities in their area, information on available housing and employment resources, and any other information that will assist the inmate in continued recovery once released. Such program shall also assist the inmate in Medicaid enrollment, prior to release.
ii. Such program shall provide participating inmates preparing for release from prison with a one-week supply of any necessary medication, where permissible under federal laws and regulations to continue their medication assisted treatment in an effort to prevent relapse.
(c) Reentry planning and community supervision should include a collaborative relationship between clinical and parole staff including sharing of accurate information regarding the inmate's participation in medication assisted treatment to ensure that their medication is not deemed illicit or illegal. Additionally, procedures shall be developed to assist any reentrant who communicates a relapse with their parole officer or who fails a drug test, to receive substance use disorder support in lieu of arrest and/or incarceration.
3. The commissioner shall submit within one year of the effective date of this section and annually thereafter, a report to the governor, the temporary president of the senate and the speaker of the assembly on the effectiveness of the program established pursuant to this section. Such reports shall include an analysis of the impact of such program on the participating inmates, including factors such as institutional adjustment, behavior infractions, reentry rates, HIV and hepatitis C treatment, and program participation, among related relevant factors. The reports shall also include the impact on institutional safety and performance and any recommendations for additional legislative enactments that may be needed or required to improve or enhance the program as determined to be appropriate by the commissioner.
4. Participation in the medication assisted treatment program shall not be withheld from a qualified inmate. An inmate may enter into such program at any time during his or her incarceration. An inmate using medication assisted treatment prior to such inmate's incarceration shall be eligible to, upon request by such inmate, continue such treatment in the medication assisted treatment program for any period of time during the duration of such inmate's incarceration. No person shall be denied participation in the program on the basis of a positive drug screening upon entering custody or upon intake into the program; nor shall any person receive a disciplinary infraction for such positive drug screening. No person shall be removed from, or denied participation in the program on the basis of having received any disciplinary infraction: (a)
S. 2161--B 3
before entry into the program; or (b) during participation in the program.
§ 2. Section 45 of the correction law is amended by adding a new subdivision 18 to read as follows:
18. Establish standards and guidelines for a program of medication assisted treatment for inmates in county jails and/or county correctional facilities equivalent to the program established in state correctional facilities pursuant to section six hundred twenty-six of this chapter and submit an annual report consistent with the requirements of subdivision three of such section.
§ 3. The mental hygiene law is amended by adding a new section 19.18-c to read as follows: § 19.18-c Corrections-based substance use disorder treatment and transi-
tion services.
1. The commissioner, in consultation with local governmental units, county sheriffs, the New York city department of corrections and other stakeholders, shall implement a jail-based substance use disorder treatment and transition services program that supports the initiation, operation and enhancement of substance use disorder treatment and transition services for persons with substance use disorder who are incarcerated in jails.
2. The services to be provided by such program shall be in accordance with plans developed by participating local governmental units, in collaboration with county sheriffs, taking into account local needs and available resources. These plans must be approved by the commissioner and shall include, but not be limited to, the following:
(a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
(b) At least one formulation of every form of medication assisted treatments approved for the treatment of a substance use disorder by the Federal Food and Drug Administration necessary to ensure that each individual participating in the program receives the particular form found to be the most effective at treating and meeting their individual needs. The commissioner may allow jails a limited exemption to providing opioid full agonist treatment medications where the commissioner determines that no providers that have received the required accreditation are located within a reasonable distance of the facility. Jails that do not have the resources available to meet standards set forth herein may apply to the commissioner for a limited exception allowing such jail to enter into an agreement with a community- or jail-based program offering substance use disorder treatment and transition services to provide such services to individuals in such jails. Any such determination shall be reviewed on a regular basis;
(c) Group and individual counseling and clinical support;
(d) Peer support;
(e) Discharge planning; and
(f) Re-entry and transitional supports.
3. (a) After a medical screening, incarcerated individuals who are determined to suffer from a substance use disorder for which medication assisted treatment exists shall be offered placement in the medication assisted treatment program. Placement in such program shall not be mandatory.
(b) Each participating incarcerated individual shall work with an authorized specialist to develop an individualized treatment plan, including an appropriate level of counseling and planning for continuity of care upon return to the community.
S. 2161--B 4
(c) Decisions regarding type, dosage, or duration of any medication regimen shall be made by a qualified health care professional licensed or certified under title eight of the education law who is authorized to administer such medication in conjunction with the incarcerated individual.
(d) Participation in the medication assisted treatment program shall not be unreasonably withheld from a qualified incarcerated individual. An incarcerated individual using medication assisted treatment prior to such individual's incarceration shall be eligible to, upon request by such individual, continue such treatment in the medication assisted treatment program for any period of time during the duration of such individual's incarceration.
(e) No person shall be denied participation in the program on the basis of a positive drug screening upon entering custody or upon intake into the program; nor shall any person receive a disciplinary infraction for such positive drug screening. No person shall be removed from, or denied participation in the program on the basis of having received any disciplinary infraction: (1) before entry into the program; or (2) during participation in the program.
4. Within amounts appropriated therefor, funding shall be made available pursuant to criteria established by the office of alcoholism and substance abuse services in consultation with local governmental units, which shall take into consideration the local needs and resources as identified by local governmental units, the average daily jail population, the average number of persons incarcerated in the jail that require substance use disorder services and such other factors as may be deemed necessary.
5. Any jail-based substance use disorder treatment and transition services program that is already in operation at the time this act shall have become law and meets or exceeds the standards set forth in this section shall be deemed to have met the requirements of subdivisions one and two of this section. Such programs shall certify annually in writing to the commissioner that they have met or exceeded the standards set forth herein.
§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to the establishment of a program for the use of medication assisted treatment for inmates; and to amend the mental hygiene law, in relation to the implementation of substance use disorder treatment and transition services in jails
Purpose
This bill would allow incarcerated individuals with certain substance use disorders the opportunity to participate in a medication assisted treatment program.
Summary of specific provisions
Section one amends the correction law by adding a new section 626.
Section two amends section 45 of the correction law by adding a new subdivision 18.
Section three amends the mental hygiene law by adding a new section 19.18-c.
Section four sets forth the effective date.
Justification
Medication assisted treatment, MAT, is an effective treatment option for those struggling with opioid addiction. The treatment uses FDA-approved medications, along with forms of counseling and therapy to help people be more successful on their path to recovery. Throughout the recovery process, many people struggle with strong cravings to use again, some- times causing them to relapse. The medications and therapies used in MAT programs have the ability to reduce or remove these cravings while blocking the euphoric effect of opioids, normalizing body functions, and stabilizing one's brain chemistry.
New York State correctional facilities do not currently have extensive MAT programs, despite more than half of the incarcerated population being diagnosed with a substance use disorder. With a large number of previously incarcerated individuals overdosing upon release from correc- tional facilities, it is essential that we provide them with treatment to overcome their addictions while in prison and jail. Medication assisted treatment in our correctional facilities has the ability to reduce recidivism, reduce fatal drug overdoses and reduce the trans- mission of infectious diseases.
This bill would require the commissioner of the New York State Depart- ment of Corrections and Community Supervision and the chairman of the New York State Commission of Corrections to establish a medication assisted treatment program for state correctional facilities and local jails. This program will be voluntary and offered to eligible individ- uals facing an opioid addiction and will include the use of medications such as methadone, buprenorphine and naltrexone combined with an appro- priate level of counseling. The positive effects of these medications are well-documented, and by offering a medication assisted treatment
program in our correctional facilities we will better set these individ- uals up for success upon their release.
Legislative history
2017-18: A.8774-B - Reported to Ways and Means; S.8914-A - Referred to Rules
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or, before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.