BILL NUMBER: S4956
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to designating
services to be provided by a jail-based substance use disorder treat-
ment, peer led recovery support services, and transition services
program as essential medical care services
 
PURPOSE:
To ensure incarcerated individuals with substance use disorder are able
to receive the care needed to recover from substance use disorder and
successfully prepare for their reintegration back into the community.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 19.18c of the mental hygiene law to designate
services provided by a jail-based substance use disorder treatment, peer
led recovery support services, and transition services program to be
essential medical services.
Section 2 states the effective date.
 
JUSTIFICATION:
Medication-assisted treatment (MAT) can be used as a part of an
evidence-based treatment program to treat opioid use disorder. When an
individual with an opioid use disorder enters a correctional facility
and their access to opioids is abruptly discontinued, they experience
withdrawal. According to the Bureau of Justice Assistance (BJA), with-
drawal from an opioid while in jail can be incredibly dangerous and
result in severe injury or even death.
Methadone and buprenorphine are two medications approved by the Food and
Drug Administration (FDA) to treat opioid use disorder. These medica-
tions can ease the symptoms of a person with opioid use disorder in
withdrawal, and make them less likely to use opioids in the future.
Another FDA-approved medication, Naltrexone, blocks the painkilling and
euphoric effects of opioids- making it an effective option for prevent-
ing overdose and discouraging opioid use in both incarcerated settings,
and after release.
Peer-led recovery support is an evidence-based model of care in which a
certified peer support practitioner assists individuals with recovery.
According to a study published by the United States Department of Health
and Human Services (HHS), peer support in jails and prisons is associ-
ated with a decrease in the risk of recidivism and lower substance use.
Peer specialists can be used for support while incarcerated, community
reintegration, and connection to services. Transition services can be
coordinated by numerous stakeholders in both correctional facilities and
the community, including but not limited to peer specialists, community
treatment centers, and parole and probation officers. These services are
essential in providing that formerly incarcerated persons have the tools
at their disposal in order to continue treatment without interruption,
gain access to employment and housing, and meet the requirements set
forth by a parole or probation officer if under community supervision.
By designating medication-assisted treatment, peer led recovery support
services, and transition services as essential medical care, this legis-
lation fills the gaps in the current treatment programs found in New
York State correctional facilities and will provide incarcerated indi-
viduals with the resources necessary to recover from substance use
disorder and reintegrate back into the community.
 
LEGISLATIVE HISTORY:
2023-2024: S5163/A6226 - Passed Senate/Died in Alcoholism & Drug Abuse
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4956: 19.18-c mental hygiene law