S T A T E O F N E W Y O R K
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7613
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
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Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to a pilot program
in Suffolk county regarding recovery homes for rehabilitation of
persons with chemical dependence; and providing for the repeal thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that there is a
significant need for housing options for persons recovering from chemi-
cal dependence. One such option is the "recovery home" which is an unsu-
pervised, community-based group home for persons who have progressed
enough in their recovery that they can live in the community, but still
require the support of others in a similar situation. The legislature
further finds that while many recovery homes are well run and offer
effective programs, some recovery homes are poorly-run and cannot only
be injurious to the recovery of the occupants but also to the neighbor-
hoods in which the homes are located. The legislature has further
learned that there is a high concentration of poorly-run recovery homes
in Suffolk county, which have been the source of many problems in local
communities. The legislature therefore finds that a pilot program to
study the provision of government oversight of recovery homes in Suffolk
county is needed to both protect the occupants of the homes and the
communities in which they are located.
S 2. The mental hygiene law is amended by adding a new section 32.06
to read as follows:
S 32.06 SUFFOLK COUNTY PILOT PROGRAM.
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN COOPERATION
WITH LOCAL MENTAL HYGIENE OFFICIALS, SHALL ESTABLISH A PILOT PROGRAM IN
SUFFOLK COUNTY FOR THE REGULATION, OPERATION AND OVERSIGHT OF RECOVERY
HOMES AND RECOVERY HOUSING IN SUFFOLK COUNTY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05364-01-9
A. 7613 2
(A) DEFINITION. FOR THE PURPOSES OF THIS SECTION, "RECOVERY HOME" OR
"RECOVERY HOUSING" MEANS ANY HOME THAT IS AFFILIATED WITH A TREATMENT
PROVIDER LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE SERVICES
THAT DOES NOT PROVIDE TREATMENT BUT SETS BASIC GROUND RULES TO ASSIST
WITH THE REHABILITATION OF PERSONS WHO ARE ASSESSED OR DIAGNOSED WITH
CHEMICAL DEPENDENCE, AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION
1.03 OF THIS CHAPTER.
(B) REGISTRATION AND OPERATION. 1. NO INDIVIDUAL, PARTNERSHIP, ASSOCI-
ATION, CORPORATION, LIMITED LIABILITY COMPANY, PUBLIC OR PRIVATE AGENCY
OR ANY PART THEREOF LOCATED IN SUFFOLK COUNTY SHALL HOLD ITSELF OUT TO
THE PUBLIC IN A MANNER WHICH INDICATES, DIRECTLY OR INDIRECTLY, THE
AVAILABILITY OF RECOVERY HOME OCCUPANCY FOR PERSONS WHO ARE ASSESSED OR
DIAGNOSED WITH CHEMICAL DEPENDENCE, AS DEFINED IN SUBDIVISION FORTY-FOUR
OF SECTION 1.03 OF THIS CHAPTER, UNLESS IT HAS OBTAINED A CERTIFICATE OF
REGISTRATION FROM THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION.
2. ALL APPLICATIONS FOR CERTIFICATES OF REGISTRATION SHALL BE SUBMIT-
TED IN WRITING ON FORMS FURNISHED BY THE OFFICE. THE APPLICATION SHALL
BE IN A FORM AND CONTAIN SUCH DATA AS THE OFFICE SHALL PRESCRIBE PURSU-
ANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER TO EFFECTU-
ATE THE PROVISIONS AND PURPOSES OF THIS SECTION.
3. NO CERTIFICATE OF REGISTRATION SHALL BE ISSUED OR RENEWED UNTIL THE
COMMISSIONER HAS DETERMINED THAT THE FOLLOWING CONDITIONS ARE SATISFAC-
TORILY MET:
(I) THE PUBLIC NEED FOR A RECOVERY HOME AS IDENTIFIED BY THE DIVISION
OF COMMUNITY MENTAL HYGIENE OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH;
(II) THE CHARACTER, COMPETENCE AND STANDING IN THE COMMUNITY OF THE
PERSON OR ENTITY RESPONSIBLE FOR OPERATING THE RECOVERY HOME;
(III) THE COMPLIANCE OF THE APPLICANT WITH ALL APPLICABLE STATE AND
LOCAL ZONING AND BUILDING CODES;
(IV) THE PROVISION BY THE APPLICANT OF AN ENVIRONMENT THAT PROMOTES
AND SUPPORTS THE REHABILITATION OF PERSONS WITH A CHEMICAL DEPENDENCE;
AND SUCH OTHER MATTERS AS THE COMMISSIONER SHALL DEEM PERTINENT AND IN
THE PUBLIC INTEREST IN RELATION TO THE OPERATION OF ANY PROPOSED RECOV-
ERY HOME.
4. A CERTIFICATE OF REGISTRATION SHALL SPECIFY THE NUMBER OF PERSONS
AUTHORIZED TO RESIDE THEREIN AND SHALL INDICATE THE EXPIRATION DATE OF
SUCH REGISTRATION. A CERTIFICATE OF REGISTRATION SHALL BE VALID FOR TWO
YEARS FROM THE DATE OF ISSUANCE AND SHALL EXPIRE ON THE LAST DAY OF THE
TWENTY-FOURTH MONTH FOLLOWING SUCH ISSUANCE. THE BIENNIAL REGISTRATION
FEE SHALL BE FIVE HUNDRED DOLLARS TO BE PAID UPON THE ISSUANCE OR
RENEWAL OF A CERTIFICATE OF REGISTRATION, HOWEVER, THE OFFICE SHALL HAVE
THE AUTHORITY TO WAIVE THE FEE AT ITS DISCRETION.
5. ALL RECOVERY HOMES SHALL PUBLICLY POST THEIR CURRENT VALID CERTIF-
ICATES OF REGISTRATION.
6. ALL CERTIFICATES OF REGISTRATION SHALL REMAIN THE PROPERTY OF THE
OFFICE AND MUST BE RETURNED TO THE OFFICE UPON THE REVOCATION OR EXPIRA-
TIONS THEREOF, OR UPON DEMAND OF THE COMMISSIONER. CERTIFICATES OF
REGISTRATION ARE NOT TRANSFERABLE.
7. EXISTING FACILITIES IN SUFFOLK COUNTY THAT MEET THE DEFINITION OF A
RECOVERY HOME OR RECOVERY HOUSING, AS DEFINED IN THIS SECTION, SHALL BE
GRANTED CERTIFICATES OF REGISTRATION.
8. THE OFFICE SHALL MAINTAIN A REGISTRY OF RECOVERY HOMES THAT HAVE
CURRENT VALID CERTIFICATES OF REGISTRATION. THE REGISTRY SHALL INCLUDE
THE STREET ADDRESS AND MUNICIPALITY, THE NUMBER OF PERSONS AUTHORIZED TO
A. 7613 3
RESIDE THEREIN, AND SUCH OTHER INFORMATION AS THE COMMISSIONER SHALL
DEEM PERTINENT OR NECESSARY.
(C) OVERSIGHT. THE OFFICE SHALL OPERATE A TOLL-FREE TELEPHONE HOTLINE
TO RESPOND TO COMPLAINTS AGAINST RECOVERY HOMES.
(D) RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE THE POWER TO
ADOPT RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS AND PURPOSES OF
THIS SECTION, INCLUDING, BUT NOT LIMITED TO, ESTABLISHING TERMS AND
CONDITIONS OF CERTIFICATES OF REGISTRATION FOR RECOVERY HOMES AND RECOV-
ERY HOUSING BASED UPON AN ASSESSMENT OF SUCH FACTORS, INCLUDING BUT NOT
LIMITED TO THE REHABILITATIVE CHARACTER OF THE PROPOSED HOME, THE OPERA-
TOR'S MORAL CHARACTER, COMPETENCE, STANDING IN THE COMMUNITY,
RECORD-KEEPING REQUIREMENTS, FISCAL RESPONSIBILITY, PUBLIC NEED AND SUCH
OTHER MATTERS OF PUBLIC INTEREST AS THE OFFICE SHALL DEEM APPROPRIATE.
(E) REVOCATION OF CERTIFICATES OF REGISTRATION. 1. THE COMMISSIONER
MAY REVOKE, SUSPEND, OR LIMIT A CERTIFICATE OF REGISTRATION UPON A
DETERMINATION THAT THE HOLDER OF THE CERTIFICATE HAS FAILED TO COMPLY
WITH THE TERMS OF ITS CERTIFICATE OF REGISTRATION OR WITH THE PROVISIONS
OF ANY APPLICABLE STATE OR LOCAL STATUTE, RULE, OR REGULATION. THE HOLD-
ER OF THE CERTIFICATE SHALL BE GIVEN NOTICE AND AN OPPORTUNITY TO BE
HEARD PRIOR TO ANY SUCH DETERMINATION.
2. THE COMMISSIONER MAY IMPOSE A FINE UPON A FINDING THAT THE HOLDER
OF THE CERTIFICATE HAS FAILED TO COMPLY WITH THE TERMS OF ITS CERTIF-
ICATE OF REGISTRATION OR WITH THE PROVISIONS OF ANY APPLICABLE STATE OR
LOCAL STATUTE, RULE OR REGULATION. THE MAXIMUM AMOUNT OF SUCH FINE SHALL
BE UP TO ONE THOUSAND DOLLARS FOR EVERY DAY SUCH FAILURE TO COMPLY
CONTINUES TO EXIST UP TO A MAXIMUM FINE OF FIVE THOUSAND DOLLARS.
3. PENDING A DETERMINATION PURSUANT TO THE FOREGOING PROVISIONS, THE
COMMISSIONER MAY, UPON WRITTEN NOTICE TO THE HOLDER THEREOF, SUSPEND A
CERTIFICATE OF REGISTRATION FOR NOT MORE THAN THIRTY DAYS IF HE OR SHE
HAS REASONABLE GROUNDS FOR FINDING THAT THE CONTINUED OPERATION OF THE
RECOVERY HOME PRESENTS AN IMMEDIATE DANGER TO THE HEALTH AND WELFARE OF
THE PUBLIC OR OF ANY PERSONS LIVING IN THE RECOVERY HOME.
(F) REPORT. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL PREPARE A REPORT EVALUATING THE EFFECTIVE-
NESS OF THE PILOT PROGRAM. SUCH REPORT SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO:
1. A LISTING AND DESCRIPTION OF ALL RECOVERY HOMES AND RECOVERY HOUS-
ING IN SUFFOLK COUNTY, INCLUDING THE NUMBER OF RESIDENTS RESIDING IN
EACH HOME;
2. AN ASSESSMENT AND SUGGESTION FOR IMPROVING AVAILABLE HOUSING
OPTIONS FOR PERSONS RECOVERING FROM CHEMICAL DEPENDENCE; AND
3. AN ASSESSMENT OF THE EFFICACY OF THE PILOT PROGRAM, AND THE DEGREE
TO WHICH IT SUCCESSFULLY ADDRESSED THE RECOVERY HOME ISSUE IN SUFFOLK
COUNTY.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall expire and be deemed repealed four
years after such date; provided that any rule or regulation necessary
for the implementation of this act on its effective date is immediately
authorized and directed to be made.