N.Y. Correct. Law § 72-a

* § 72-a. Community treatment facilities. 1. Transfer of eligible\ninmate. Notwithstanding the provisions of section seventy-two of this\nchapter, any inmate confined in a correctional facility who is an\n"eligible inmate" as defined by subdivision two of section eight hundred\nfifty-one of this chapter and has been certified by the division of\nsubstance abuse services as being in need of substance abuse treatment\nand rehabilitation may be transferred by the commissioner to a community\ntreatment facility.\n 2. Designation of facilities. A community treatment facility shall be\ndesignated by the director of the division of substance abuse services\nand the commissioner. Such facility shall be operated by a provider or\nsponsoring agency that has provided approved residential substance abuse\ntreatment services for at least two years duration.\n 3. Operating standards. The commissioner, after consultation with the\ndirector of the division of substance abuse services, shall promulgate\nrules and regulations which provide for minimum standards of operation,\nincluding but not limited to the following:\n (a) provision for adequate security and protection of the surrounding\ncommunity;\n (b) adequate physical plant standards;\n (c) provisions for adequate program services, staffing, and record\nkeeping; and\n (d) provision for the general welfare of the inmates.\n 4. Community supervision. The department shall provide for the\nprovision of community supervision services. All inmates residing in a\ncommunity treatment facility shall be assigned to parole officers for\nsupervision. Such parole officers shall be responsible for providing\nsuch supervision.\n 5. Reports. The department and the division of substance abuse\nservices shall jointly issue quarterly reports including a description\nof those facilities that have been designated as community treatment\nfacilities, the number of inmates confined in each facility, a\ndescription of the programs within each facility, and the number of\nabsconders, if any, as well as the nature and number of re-arrests, if\nany, during the individual's period of community supervision. Copies of\nsuch reports, as well as copies of any inspection report issued by the\ndepartment or the commission of correction shall be sent to the director\nof the budget, the chairman of the senate finance committee, the\nchairman of the senate crime and correction committee, the chairman of\nthe assembly ways and means committee and the chairman of the assembly\ncommittee on codes.\n 6. Reimbursement. (a) The commissioner, in consultation with the\ndirector of the division of substance abuse services, shall enter into\nan agreement with the division of substance abuse services whereby the\ndivision of substance abuse services will contract with community\ntreatment facilities for provision of services pursuant to this section\nwithin amounts made available by the department. Each contract shall\nprovide for frequent visitation, inspection of the facility, and\nenforcement of the minimum standards and shall authorize the supervision\nof inmates residing in a community treatment facility by parole\nofficers.\n (b) The commissioner shall promulgate rules and regulations specifying\nthose costs related to the general operation of community treatment\nfacilities that shall be eligible for reimbursement. Such eligible costs\nshall not include debt service, whether principal or interest, or costs\nfor which state or federal aid or reimbursement is otherwise available.\nSuch rules and regulations shall be subject to the approval of the\ndirector of the budget.\n (c) The department shall not contract for provision of services to\nmore than fifty inmates at any one facility.\n (d) At least thirty days prior to final approval of any such contract,\na copy of the proposed contract shall be sent to the director of the\nbudget, the chairman of the senate finance committee, the chairman of\nthe senate crime and correction committee, the chairman of the assembly\nways and means committee, and the chairman of the assembly committee on\ncodes.\n * NB Expires September 1, 2017\n