N.Y. Correction Law Section 72-A
Community treatment facilities


1.

Transfer of eligible incarcerated individual. Notwithstanding the provisions of § 72 (Confinement of persons by the department)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 § 851 (Definitions)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, 2025

Source: Section 72-A — Community treatment facilities, https://www.­nysenate.­gov/legislation/laws/COR/72-A (updated May 12, 2023; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
May 12, 2023

§ 72-A’s source at nysenate​.gov

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