New York Consolidated Laws, Correction Law - COR § 72-a. Community treatment facilities

1. Transfer of eligible incarcerated individual. Notwithstanding the provisions of 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 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:

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.