SENATE BILL 425
56th legislature - STATE OF NEW MEXICO - first session, 2023
Gerald Ortiz y Pino and Andrea Romero and Dayan Hochman-Vigil
RELATING TO HEALTH; REQUIRING THE ESTABLISHMENT AND OPERATION OF MEDICATION-ASSISTED TREATMENT PROGRAMS IN COUNTY DETENTION FACILITIES; EXPANDING MEDICATION-ASSISTED TREATMENT PROGRAMS IN STATE CORRECTIONS FACILITIES; CREATING A FUND; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] MEDICATION-ASSISTED TREATMENT FOR THE INCARCERATED PROGRAM FUND--PURPOSE.--
A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The human services department shall administer the fund, and money in the fund is appropriated to the human services department to assist all counties that operate detention facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county detention facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services.
B. The human services department shall promulgate rules for the operation of medication-assisted treatment programs in county detention facilities in consultation with county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.
C. All detention facilities operated by counties shall offer medication-assisted treatment to inmates in need of such treatment no later than July 1, 2024.
SECTION 2. [NEW MATERIAL] REPORTING.--Beginning October 1, 2023 and annually thereafter, the human services department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in county detention facilities.
SECTION 3. APPROPRIATIONS.--
A. Ten million dollars ($10,000,000) is appropriated from the office of the attorney general's opioid settlement fund to the medication-assisted treatment for the incarcerated program fund in fiscal year 2024 and subsequent fiscal years to carry out the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the attorney general's opioid settlement fund.
B. Two million dollars ($2,000,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2024 and subsequent fiscal years, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund, to:
(1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state corrections facility; and
(2) by the end of fiscal year 2024, establish and operate a new medication-assisted treatment program in at least one of the state corrections facilities currently without a medication-assisted treatment program, and by the end of fiscal year 2025, establish and operate such programs in all state corrections facilities.
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