NY State Senate Bill S8649

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	reported and committed to finance
May 10, 2018	referred to alcoholism and drug abuse

Votes

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May 31, 2018 - Alcoholism and Substance Use Disorders committee Vote

S8649

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Alcoholism and Substance Use Disorders committee vote details

Alcoholism and Substance Use Disorders Committee Vote: May 31, 2018

aye (6)

absent (1)

Parker

S8649 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Add §22.13, Ment Hyg L

S8649 (ACTIVE) - Summary

Relates to alcohol and drug free housing; directs the commissioner of the office of alcoholism and substance abuse services to establish a voluntary training and accreditation program for operators of alcohol and drug free housing.

S8649 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8649

SPONSOR: MURPHY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to alcohol and drug
free housing

 
PURPOSE:

To provide a process that would create state certified alcohol and drug
free housing.

 
SUMMARY OF PROVISIONS:

Section One - The Mental Hygiene Law is amended by adding a new section
22.13 regarding alcohol and drug free housing. The terms "alcohol and
drug free housing", "certified alcohol and drug free housing" and "oper-
ator" are defined in the context of this new section. The Commissioner
shall establish and provide for the administration of a voluntary train-
ing and accreditation program for operators of alcohol and drug free

housing seeking certification. Specific standards and practices are set
forth which must be met pursuant to this section to become a part of the
accreditation program. Sets forth guidelines on how the Commissioner
shall prepare, publish and disseminate a list of programs that become
certified alcohol and drug free housing under this section as well as
how patient referrals to certified programs will be handled regarding
statewide contract providers.

Section Two - Sets forth a 180 day effective date.

 
JUSTIFICATION:

A sober living home is intended to provide affordable, drug and alcohol
free environments for persons who are enrolled in outpatient treatment
or recovering from a drug or alcohol addiction. The mission is for indi-
viduals to become self-supporting and healthy. For residents of these
facilities to meet these goals they must be afforded a safe, sanitary
and secure environment at all times. It is incumbent upon the State of
New York to make sure that the facilities offering care to these indi-
viduals who can easily be taken advantage are following rigorous stand-
ards and guidelines for resident care. By providing for a certification
program, people will know which sober living home operators have made it
a priority to become certified under the new State guidelines.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day (180) after
it shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

S8649 (ACTIVE) - Bill Text download pdf


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

                                  8649

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to alcohol and  drug
  free housing

  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
22.13 to read as follows:
§ 22.13 ALCOHOL AND DRUG FREE HOUSING.
  (A)  AS  USED  IN  THIS  SECTION,  THE  FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
  1. "ALCOHOL AND DRUG FREE HOUSING", A RESIDENCE, COMMONLY KNOWN  AS  A
SOBER  HOME,  WHICH  PROVIDES OR ADVERTISES AS PROVIDING, AN ALCOHOL AND
DRUG FREE ENVIRONMENT FOR PEOPLE RECOVERING FROM  SUBSTANCE  USE  DISOR-
DERS;  PROVIDED,  HOWEVER, THAT, ALCOHOL AND DRUG FREE HOUSING SHALL NOT
INCLUDE A HALFWAY HOUSE, TREATMENT UNIT OR DETOXIFICATION FACILITY REGU-
LATED UNDER ARTICLE THIRTY-TWO OF THIS CHAPTER  OR  ANY  OTHER  FACILITY
LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
  2.  "CERTIFIED  ALCOHOL  AND DRUG FREE HOUSING", ALCOHOL AND DRUG FREE
HOUSING THAT HAS BEEN ACCREDITED BY THE BUREAU PURSUANT TO THIS SECTION.
  3. "OPERATOR", THE LAWFUL OWNER OF ALCOHOL AND DRUG FREE HOUSING OR  A
PERSON EMPLOYED AND DESIGNATED BY THE OWNER TO HAVE PRIMARY RESPONSIBIL-
ITY  FOR  THE DAILY OPERATION OF SUCH HOUSING AND FOR MAINTAINING STAND-
ARDS AND CONDITIONS IN SUCH HOUSING THAT CREATE AN ENVIRONMENT  SUPPORT-
IVE OF SUBSTANCE USE DISORDER RECOVERY.
  (B)  THE  COMMISSIONER  SHALL  ESTABLISH  AND PROVIDE FOR THE ADMINIS-
TRATION OF A VOLUNTARY TRAINING AND ACCREDITATION PROGRAM FOR  OPERATORS
OF ALCOHOL AND DRUG FREE HOUSING SEEKING CERTIFICATION UNDER SUBDIVISION
(D) OF THIS SECTION.
  (C)  THE  ACCREDITATION  PROGRAM  ESTABLISHED PURSUANT TO THIS SECTION
SHALL MAINTAIN STANDARDS AND PRACTICES WHICH:
  1. UPHOLD INDUSTRY BEST PRACTICES AND  SUPPORT  A  SAFE,  HEALTHY  AND
EFFECTIVE RECOVERY ENVIRONMENT;
  2.  EVALUATE  THE  ABILITY  TO  ASSIST  PERSONS IN ACHIEVING LONG-TERM
RECOVERY GOALS;
  3. PROVIDE FOR APPROPRIATE TRAINING FOR THE OPERATORS  AND  STAFF  AND

ENSURE SATISFACTORY COMPLETION OF SUCH TRAINING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14939-01-8

S. 8649                             2

  4.  PROTECT  OCCUPANTS OF ALCOHOL AND DRUG FREE HOUSING AGAINST UNREA-
SONABLE AND UNFAIR PRACTICES IN SETTING AND  COLLECTING  RENT  PAYMENTS;
AND
  5.  VERIFY  GOOD STANDING WITH REGARD TO LOCAL, STATE AND FEDERAL LAWS
AND ANY REGULATIONS AND ORDINANCES INCLUDING, BUT NOT LIMITED TO, BUILD-
ING, MAXIMUM OCCUPANCY, FIRE SAFETY AND SANITATION CODES.
  (D) THE OFFICE SHALL INCLUDE A RESIDENCE ON A LIST OF CERTIFIED  ALCO-
HOL  AND  DRUG  FREE  HOUSING  AS  DESCRIBED  IN SUBDIVISION (F) OF THIS
SECTION UPON RECEIPT AND REVIEW OF:
  1. THE COMPLETION OF TRAINING AS DESCRIBED IN SUBDIVISION (C) OF  THIS
SECTION;
  2.  A  DEED, TRUST DOCUMENT, ARTICLES OF INCORPORATION, LEASE OR OTHER
DOCUMENT ACCEPTABLE TO THE DIRECTOR EVIDENCING THAT  THE  INDIVIDUAL  OR
ENTITY SEEKING CERTIFICATION IS THE LAWFUL OWNER OR LESSEE OF THE PARCEL
WHERE THE HOUSING SHALL BE LOCATED; AND
  3.  APPROPRIATE  DOCUMENTATION  INDICATING  THAT THERE ARE NO TAXES OR
OTHER ASSESSMENTS WHICH CONSTITUTE LIENS ON THE PARCEL  OF  REAL  ESTATE
UPON WHICH THE HOUSING SHALL BE LOCATED.
  (E) THE COMMISSIONER SHALL PERIODICALLY EVALUATE THE QUALITY OF TRAIN-
ING  BEING PROVIDED TO OPERATORS SEEKING CERTIFICATION AND THE INTEGRITY
AND EFFICACY OF THE ACCREDITATION PROGRAM.
  (F) THE COMMISSIONER SHALL PREPARE, PUBLISH AND DISSEMINATE A LIST  OF
ALCOHOL  AND  DRUG  FREE  HOUSING  CERTIFIED  PURSUANT  TO THIS SECTION;
PROVIDED, HOWEVER, THAT SUCH LIST SHALL BE UPDATED BIMONTHLY.  THE  LIST
SHALL  BE  DISSEMINATED  TO EACH STATE AGENCY OR VENDOR WITH A STATEWIDE
CONTRACT THAT PROVIDES SUBSTANCE USE DISORDER  TREATMENT  SERVICES.  THE
COMMISSIONER SHALL INFORM ALL LOCAL PROBATION DEPARTMENTS AND ALL COURTS
WITHIN  THE STATE WHO MAY ISSUE A SENTENCE OF PROBATION ON HOW TO ACCESS
THE LIST. SUCH LIST SHALL ALSO BE POSTED ON THE WEBSITE FOR THE OFFICE.
  (G) THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  THE
DEPARTMENT  OF  HEALTH, SHALL PROMULGATE RULES AND REGULATIONS TO IMPLE-
MENT THIS SECTION THAT SHALL INCLUDE A PROCESS FOR RECEIVING  COMPLAINTS
AGAINST  CERTIFIED  ALCOHOL  AND DRUG FREE HOUSING AND CRITERIA BY WHICH
THE COMMISSIONER MAY EXCLUDE A RESIDENCE FROM THE  LIST  PREPARED  UNDER
SUBDIVISION  (F)  OF  THIS  SECTION  IF  THE  FREQUENCY  AND SEVERITY OF
COMPLAINTS RECEIVED SUPPORTS A DETERMINATION THAT THE ALCOHOL  AND  DRUG
FREE HOUSING IN QUESTION DOES NOT MAINTAIN STANDARDS OR PROVIDE AN ENVI-
RONMENT THAT APPROPRIATELY SUPPORTS THE RECOVERY GOALS OF ITS RESIDENTS.
  (H)  A  STATE  AGENCY  OR  VENDOR  WITH  A STATEWIDE CONTRACT WHICH IS
PROVIDING TREATMENT OR SERVICES TO A PERSON, OR A STATE AGENCY OR  OFFI-
CER SETTING TERMS AND CONDITIONS FOR THE RELEASE, PAROLE OR DISCHARGE OF
A PERSON FROM CUSTODY OR TREATMENT, SHALL NOT REFER SUCH PERSON TO ALCO-
HOL  AND DRUG FREE HOUSING AND SHALL NOT OTHERWISE INCLUDE IN SUCH TERMS
AND CONDITIONS A REFERRAL TO ALCOHOL AND DRUG FREE HOUSING  UNLESS  SUCH
ALCOHOL  AND  DRUG  FREE  HOUSING IS CERTIFIED PURSUANT TO THIS SECTION.
NOTHING IN THIS  SECTION  SHALL  PROHIBIT  A  RESIDENCE  WHICH  HAS  NOT
RECEIVED CERTIFICATION FROM OPERATING OR ADVERTISING AS ALCOHOL AND DRUG
FREE  HOUSING  OR  FROM  OFFERING  RESIDENCE  TO PERSONS RECOVERING FROM
SUBSTANCE USE DISORDERS.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.

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The New York State Senate

senate Bill S8649

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 31, 2018 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 31, 2018

S8649 (ACTIVE) - Details

S8649 (ACTIVE) - Summary

S8649 (ACTIVE) - Sponsor Memo

S8649 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8649

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 31, 2018 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 31, 2018

S8649 (ACTIVE) - Details

S8649 (ACTIVE) - Summary

S8649 (ACTIVE) - Sponsor Memo

S8649 (ACTIVE) - Bill Text download pdf

Comments