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                                                      PRINTER'S NO. 1351

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE RESOLUTION

No. 115 Session of 2001


        INTRODUCED BY ERICKSON, HELFRICK, KITCHEN, M. WHITE, KUKOVICH,
           MOWERY, MUSTO, O'PAKE, BELL, BOSCOLA, SCHWARTZ, THOMPSON AND
           GERLACH, OCTOBER 1, 2001

        REFERRED TO INTERGOVERNMENTAL AFFAIRS, OCTOBER 1, 2001

                                  A RESOLUTION

     1  Memorializing the President and Congress of the United States to
     2     amend regulations that prohibit the use of Federal Medicaid
     3     funds for prison drug and alcohol rehabilitation programs.

     4     WHEREAS, Studies have shown that approximately 80% of prison
     5  inmates are affected by mental health/mental retardation and
     6  drug and alcohol problems; and
     7     WHEREAS, Studies have confirmed that 33% of all criminal
     8  justice costs are related to substance abuse; and
     9     WHEREAS, Data indicates that 40% of State prisoners will be
    10  released in the next 12 months and studies demonstrate that
    11  approximately 50% to 60% of inmates released from prison will
    12  reengage in criminal activity; and
    13     WHEREAS, In 1999 approximately 3,773,600 American adults were
    14  on probation and nearly 713,000 were on parole with minimal
    15  substance abuse treatment; and
    16     WHEREAS, Research has proven that rehabilitation programs
    17  sharply reduce rates of recidivism, thereby ending a vicious and
    18  socially destructive cycle of entry and exit from prison; and

     1     WHEREAS, By providing funds to establish drug and alcohol
     2  rehabilitation programs in State and county prisons, the State
     3  will be able to reduce the judicial and operational costs
     4  associated with repeat offenders and recidivism; and
     5     WHEREAS, Current law prohibits the use of Federal Medicaid
     6  funds for drug and alcohol rehabilitation programs in prisons
     7  under 42 CFR § 435.1009 (relating to definitions relating to
     8  institutional status); therefore be it
     9     RESOLVED, That the Senate of the Commonwealth of Pennsylvania
    10  memorialize the President and Congress of the United States to
    11  amend 42 CFR § 435.1009 to permit the use of Federal Medicaid
    12  funds for prison drug and alcohol rehabilitation programs and
    13  thereby afford states throughout the nation the ability to
    14  reduce recidivism and lower crime through prison rehabilitation
    15  programs; and be it further
    16     RESOLVED, That copies of this resolution be transmitted to
    17  the President, the presiding officers of each house of Congress
    18  and to each member of Congress from Pennsylvania.








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