New York, NY – Assemblymember Linda B. Rosenthal, Chair of the Committee on Alcoholism and Drug Abuse, announced today that her bill to protect opioid-addicted defendants was signed into law by the Governor. The bill would allow opioid-addicted defendants to participate in judicial diversion programs (drug courts) while receiving medication assisted treatment (MAT) for their addiction.

“This law will help to end the cycle of incarceration that makes it impossible for many struggling with opioid addiction to reenter society and lead productive lives,” said Assemblymember Linda B. Rosenthal. “Ensuring that drug courts statewide allow opioid-addicted defendants to use methadone or suboxone, some of the most effective drug treatments available, will help to reduce addiction and incarceration rates.”

Until now, New York State did not have a uniform policy statewide for dealing with defendants in need of MAT. A patchwork of local laws meant that a defendant would be permitted to use MAT in some jurisdictions, but not in others.

“New York is struggling to combat an opioid addiction crisis,” said Assemblymember Linda B. Rosenthal. “Methadone, and other drugs like it, has been proven effective at treating addiction and saving lives. When the goal is rehabilitation, which is presumably the desired result after incarceration and drug courts, it’s inconceivable that a defendant would be required to stop using a drug that is literally saving his or her life. This law will change all that and ensure that defendants have access to these lifesaving drugs.”

According to the Drug Policy Alliance, one of New York’s leading addiction prevention, education and harm reduction organizations, in the last 10 years, New York has experienced an alarming increase in drug use and fatalities as a result. From 2003 to 2012, the number of deaths involving opioids has increased from 186 to an astounding 914. In New York City alone, there were an average of 700 unintentional overdose deaths each year between 2000 and 2013, 77% of which involved an opioid.

Opioids as a class include drugs like heroin and also common prescription pain killers, such as OxyContin.

Assemblymember Rosenthal worked closely with a number of advocacy organizations on this legislation including the Drug Policy Alliance, Vocal-NY, the Coalition of Medication-Assisted Treatment Providers and Advocates (COMPA), the Coalition of Behavioral Health Agencies and the New York State Conference of Local Mental Hygiene Directors, Inc.

"It is a good day in New York when a bill is passed that will literally save lives. Today is one of those days. Now, people struggling to control their substance use can receive the treatment that they need without fear of prosecution. When we created ‘drug courts,’ they were intended to allow individuals in need of medical care to receive it and to remove the ineffective punitive structure of arrest and punishment. This bill will make sure that happens, regardless of an individual’s bias. Thank you to the bill sponsors and the Governor for standing up for what is right,” said Jennifer Flynn, Executive Director of VOCAL-NY.

“Expanding MAT in New York State drug courts is a good first step to help address New York’s growing heroin and prescription opioid crisis,” said Kassandra Frederique, New York Policy Manager, at the Drug Policy Alliance. “Governor Cuomo and the legislature must embrace a strategy based in science, compassion, and public health that encourages voluntary treatment, rather than trying to address the opioid problem by relying on the criminal justice system, and this bill is a step in that direction. To save the lives of our loved ones, we need treatments, like MAT, but we also need better access to harm reduction programs, which are proven to reduce disease transmission and link people to care and treatment.”

The bill, which was sponsored by Terrence P. Murphy in the State Senate, takes effect immediately.