Assembly Bill A7054A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7054--A
                                                        Cal. No. 266

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced  by  M. of A. ROSENTHAL, DenDEKKER, CRESPO, McDONALD, DAVILA,
  BARRON -- Multi-Sponsored by -- M. of  A.  THIELE  --  read  once  and
  referred  to the Committee on Alcoholism and Drug Abuse -- advanced to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD10587-04-6

A. 7054--A                          2

  (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.
  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 OR OMISSION NECESSARY TO THE
DISCHARGE OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT  AS
PROVIDED  HEREIN.  SUCH  MEMBER  MAY  BE  LIABLE FOR DAMAGES IN ANY SUCH
ACTION IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE  REASONABLE
CARE.    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  IN  THE  YEAR  FOLLOWING  THE
EFFECTIVE  DATE OF THIS SECTION 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 ASSEM-
BLY, AND THE CHAIRMAN OF THE APPROPRIATE  LEGISLATIVE  COMMITTEES.  SUCH
REPORT  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE BEST PRACTICES ESTAB-
LISHED 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 one year after
such effective date.