S T A T E O F N E W Y O R K
________________________________________________________________________
9717
I N A S S E M B L Y
May 19, 2014
___________
Introduced by M. of A. HENNESSEY -- read once and referred to the
Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to establishing the
sober living task force; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
19.04 to read as follows:
S 19.04 SOBER LIVING TASK FORCE.
1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW
YORK STATE WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESI-
DENCE OUT TO THE PUBLIC AS AN ALCOHOL AND DRUG FREE LIVING ENVIRONMENT
FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY, WHERE NO FORMAL
TREATMENT SERVICES ARE PROVIDED ON-SITE.
(B) "SOBER LIVING NETWORK" SHALL MEAN A GROUP OF INDEPENDENTLY OPER-
ATED AND SELF-REGULATED SOBER LIVING RESIDENCES LOCATED IN NEW YORK
STATE WHICH COMPLY WITH THE GUIDELINES ISSUED PURSUANT TO THIS SECTION.
2. THE SOBER LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
FOR SOBER LIVING RESIDENCES THAT ILLUSTRATE THE MOST APPROPRIATE AND
EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
3. THE TASK FORCE SHALL UTILIZE INFORMATION COLLECTED FROM ORGANIZA-
TIONS AND PROGRAMS BOTH IN NEW YORK STATE AND THROUGHOUT THE COUNTRY TO:
(A) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST PRACTICES
FOR SOBER LIVING RESIDENCES TO PROVIDE AN ALCOHOL AND DRUG FREE SOBER
LIVING ENVIRONMENT;
(B) DEVELOP A PLAN TO ESTABLISH A STATEWIDE SOBER LIVING NETWORK AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; AND
(C) IDENTIFY BARRIERS FOR INDIVIDUALS TO ACCESS RECOVERY SERVICES,
RESIDENTIAL TREATMENT FOR CHEMICAL DEPENDENCY AND APPROPRIATE HOUSING
WHERE INDIVIDUALS ARE PROVIDED AN ALCOHOL AND DRUG FREE LIVING ENVIRON-
MENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15192-01-4
A. 9717 2
4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OF
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR HIS OR HER
DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OR HIS OR HER
DESIGNEE; THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE OR HIS OR HER DESIGNEE; THE COMMISSIONER OF THE OFFICE OF
HOMES AND COMMUNITY RENEWAL OR HIS OR HER DESIGNEE; ONE REPRESENTATIVE
OF THE NEW YORK STATE LOCAL MENTAL HYGIENE DIRECTORS; AT LEAST TWO
REPRESENTATIVES OF REPUTABLE OWNERS OR OPERATORS OF A RESIDENCE WHICH
CURRENTLY PROVIDES ALCOHOL AND DRUG FREE HOUSING FOR PERSONS IN RECOVERY
WHERE NO FORMAL TREATMENT SERVICES ARE PROVIDED ON-SITE; AT LEAST TWO
REPRESENTATIVES OF CHEMICAL DEPENDENCE RESIDENTIAL TREATMENT PROVIDERS
LICENSED BY THE OFFICE; AT LEAST ONE REPRESENTATIVE WHO IS NOT A PROVID-
ER OF CHEMICAL DEPENDENCE OR MENTAL HEALTH SERVICES AND WHO REPRESENT
NON-GOVERNMENTAL ORGANIZATIONS, SUCH AS NOT-FOR-PROFIT ENTITIES OR OTHER
ORGANIZATIONS CONCERNED WITH THE PROVISION OF HOUSING AND RECOVERY
SERVICES; AND ANY OTHER RELEVANT AGENCY OR PARTICIPANT THAT IS DEEMED
APPROPRIATE. THE COMMISSIONER SHALL BE DESIGNATED AS THE CHAIRPERSON OF
SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY.
PRIOR TO THE FIRST MEETING OF THE TASK FORCE, IN CONSULTATION WITH THE
STATE AGENCY MEMBERS OF SUCH TASK FORCE, THE CHAIRPERSON SHALL SELECT UP
TO EIGHT ADDITIONAL MEMBERS WHOM SHALL BE REPRESENTATIVES OF LOCAL
GOVERNMENT AGENCIES IN NEW YORK STATE WHERE THE NEED FOR ALCOHOL AND
DRUG FREE HOUSING IS MOST PREVALENT.
(B) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
(C) NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
OF THE SOBER LIVING TASK FORCE FOR ANY ACT DONE, FAILURE TO ACT, OR
STATEMENT OR OPINION MADE, WHILE DISCHARGING HIS OR HER DUTIES AS A
MEMBER OF THE TASK FORCE, WITHOUT LEAVE FROM A JUSTICE OF THE SUPREME
COURT, FIRST HAD AND OBTAINED. IN ANY EVENT, SUCH MEMBER SHALL NOT BE
LIABLE FOR DAMAGES IN ANY SUCH ACTION IF HE OR SHE ACTED IN GOOD FAITH,
WITH REASONABLE CARE AND UPON PROBABLE CAUSE. ANY INFORMATION OBTAINED
BY A MEMBER OF THE TASK FORCE WHILE CARRYING OUT HIS OR HER LIMITED
DUTIES AS PRESCRIBED IN SUBDIVISION THREE OF THIS SECTION SHALL ONLY BE
UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE TASK FORCE.
5. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, THE
TASK FORCE SHALL PROVIDE A REPORT TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIRMAN OF THE APPROPRIATE
LEGISLATIVE COMMITTEES. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO
THE BEST PRACTICES ESTABLISHED FOR SOBER LIVING RESIDENCES; A
DESCRIPTION OF THE PLAN THAT ESTABLISHES A STATEWIDE SOBER LIVING
NETWORK; RECOMMENDATIONS BY THE TASK FORCE TO REDUCE ACCESS BARRIERS FOR
INDIVIDUALS SEEKING RESIDENTIAL TREATMENT FOR CHEMICAL DEPENDENCY; AND
RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE THE TASK
FORCE DEEMS APPROPRIATE. THE REPORT SHALL BE POSTED ON THE WEBSITES OF
THE APPROPRIATE AGENCIES.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed December 31,
2014.