Senate Bill S910

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    910
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00986-01-7
              

 S. 910                              2
 
   (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.
   §  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.