Senate Bill S902

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    902
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI, AKSHAR, HANNON, MURPHY, ORTT -- 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 the creation of a
   sober living task force

   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:
 § 19.04 SOBER LIVING TASK FORCE.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW  YORK
 STATE  WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESIDENCE
 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.
   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 STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
 MATION  COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN NEW YORK STATE
 AND THROUGHOUT THE COUNTRY TO:
   (A) DOCUMENT THE NUMBER OF SOBER HOMES OPERATING IN THE STATE;
   (B) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING  BEST  PRACTICES
 FOR SOBER LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL AND DRUG FREE
 SOBER  LIVING  ENVIRONMENT,  WITH  A FOCUS ON LEAST RESTRICTIVE MEANS OF
 BENEFITING THE PERSON IN RECOVERY;
   (C) STUDY AND ISSUE FINDINGS  REGARDING  HEALTH  AND  SAFETY  CONCERNS
 RELATED  TO  THE  OCCUPANCY AND OPERATION OF SOBER LIVING RESIDENCES FOR
 THE PERSON IN RECOVERY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00842-01-7

 S. 902                              2
 
   (D) STUDY AND ISSUE FINDINGS REGARDING THE IMPACTS  OF  OCCUPANCY  AND
 OPERATION  OF  SOBER  LIVING RESIDENCES ON NEIGHBORHOODS AND SURROUNDING
 AREAS;
   (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
 REGISTERING OR CERTIFYING SOBER LIVING RESIDENCES IN NEW YORK STATE; AND
   (F)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
 THAT THE TASK FORCE DEEMS RELEVANT.
   4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER 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; TWO
 MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO  MEMBERS
 APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS APPOINTED BY
 THE GOVERNOR. THE COMMISSIONER SHALL BE DESIGNATED  THE  CHAIRPERSON  OF
 SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY FROM
 THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVERNOR;
   (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
 SARILY 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 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 ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  TASK  FORCE  SHALL  PROVIDE  A REPORT CONTAINING THE RESULTS OF THE
 STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
 RECOMMENDATIONS, IF ANY, TOGETHER WITH DRAFTS OF  LEGISLATION  NECESSARY
 TO  CARRY  OUT ITS RECOMMENDATIONS BY FILING SAID REPORT, DOCUMENTATION,
 AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND  THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE
 THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION  PUBLIC  BY  POSTING  A
 COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
   § 2. This act shall take effect immediately.