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