72-A - Community treatment facilities.
* § 72-a. Community treatment facilities. 1. Transfer of eligible inmate. Notwithstanding the provisions of section seventy-two of this chapter, any inmate confined in a correctional facility who is an "eligible inmate" as defined by subdivision two of section eight hundred fifty-one of this chapter and has been certified by the division of 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 director of the division of 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 director of the division of 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 inmates. 4. Parole supervision. The department shall contract with the division of parole for the provision of parole supervision services. Pursuant to such contract, all inmates residing in a community treatment facility shall be assigned to parole officers for supervision. Such parole officers shall be responsible to the division of parole for the purpose of providing such supervision. As part of its supervisory functions the division shall be required to provide reports to the department every two months on each inmate under its supervision. Such reports shall include, but not be limited to: (a) an evaluation of the inmate's participation in such program; and (b) a statement of any problems relative to an inmate's participation in such program and the manner in which such problems were resolved; and (c) a recommendation with respect to the inmate's continued participation in the program. 5. Reports. The department and the division of substance abuse services shall jointly issue quarterly reports including a description of those facilities which have been designated as community treatment facilities, the number of inmates 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 individuals' parole period. Copies of such reports, as well as copies of any inspection report issued by the department or the commission on correction shall be sent to the director of the budget, the chairman of the senate finance comittee, the chairman of the senate crime and correction committee, the chairman of the assembly ways and means comittee and the chairman of the assembly committee on codes. 6. Reimbursement. (a) The commissioner, in consultation with the director of the division of substance abuse services, shall enter into an agreement with the division of substance abuse services whereby the division of 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 supervisionof inmates 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 which 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 division shall not contract for provisions of services to more than fifty inmates 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, 2011