The New York State Senate

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

                                 6718--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2019
                               ___________

Introduced  by M. of A. THIELE, PALUMBO, GALEF, MIKULIN -- read once and
  referred to the Committee on Alcoholism and Drug Abuse --  recommitted
  to  the  Committee  on  Alcoholism  and  Drug Abuse in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to the creation of a
  recovery 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 RECOVERY LIVING TASK FORCE.
  1. DEFINITIONS. AS USED IN THIS SECTION:
  "RECOVERY 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.
  2. THE RECOVERY LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
FOR  RECOVERY 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 RECOVERY RESIDENCES OPERATING IN THE STATE;
  (B)  ISSUE  RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST PRACTICES
FOR RECOVERY LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL  AND  DRUG
FREE  RECOVERY  LIVING  ENVIRONMENT,  WITH  A FOCUS ON LEAST RESTRICTIVE
MEANS OF BENEFITING THE PERSON IN RECOVERY.  IN  DEVELOPING  GUIDELINES,
THE  TASK FORCE SHALL CONSIDER THE ROLE OF LOCAL AND STATE GOVERNMENT IN

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

                                                           LBD10577-05-0

A. 6718--A                          2

OVERSIGHT AND OTHER AREAS; SITING CHALLENGES; GEOGRAPHIC  VARIATIONS  IN
WHAT  HOUSING  CURRENTLY EXISTS AND IN BARRIERS TO CREATING NEW SUITABLE
HOUSING; OPTIMAL STANDARDS FOR  LIVING  SPACE,  PRIVACY  AND  NUTRITION;
PERSONAL  FINANCIAL PARTICIPATION BY TENANTS; WORK REQUIREMENTS, INCLUD-
ING ADEQUACY OF  COMPENSATION;  REIMBURSEMENT  OPPORTUNITIES;  DISCHARGE
PLANNING,  THE  PARTICIPANT'S LEGAL PROTECTIONS AGAINST REMOVAL FROM THE
RESIDENCE; WHAT INFORMATION MUST  BE  PROVIDED  TO  THE  PARTICIPANT  AT
ADMISSION,  INCLUDING  DUE PROCESS RIGHTS OF THE PARTICIPANT FOR REMOVAL
FROM THE RESIDENCE; APPROPRIATE RESPONSES TO RELAPSE WITH  THE  GOAL  OF
PROTECTING  BOTH  THE PERSON WHO HAS RELAPSED AND OTHER RESIDENTS OF THE
RESIDENCE; HOW TO ENSURE ACCESS TO MEDICATION  ASSISTED  TREATMENT;  THE
NEEDS OF WOMEN, AND OF WOMEN WITH CHILDREN; THE USE OF DRUG TESTING; AND
OPTIONS AND REQUIREMENTS FOR FORMAL OR SELF-HELP TREATMENT SERVICES;
  (C)  STUDY  AND  ISSUE  FINDINGS  REGARDING HEALTH AND SAFETY CONCERNS
RELATED TO THE OCCUPANCY AND OPERATION OF RECOVERY LIVING RESIDENCES FOR
THE PERSON IN RECOVERY;
  (D) STUDY AND ISSUE FINDINGS REGARDING THE IMPACTS  OF  OCCUPANCY  AND
OPERATION OF RECOVERY LIVING RESIDENCES ON NEIGHBORHOODS AND SURROUNDING
AREAS;
  (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
REGISTERING  OR CERTIFYING RECOVERY 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 TEN MEMBERS
CONSISTING OF 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, AT LEAST ONE OF WHOM SHALL BE A CURRENT OR  FORMER  RESI-
DENT OF A RECOVERY LIVING RESIDENCE; TWO MEMBERS APPOINTED BY THE SPEAK-
ER  OF  THE  ASSEMBLY, AT LEAST ONE OF WHOM SHALL BE A CURRENT OR FORMER
RESIDENT OF A RECOVERY LIVING RESIDENCE; AND TWO  MEMBERS  APPOINTED  BY
THE  GOVERNOR.   THE TASK FORCE SHALL INCLUDE AT LEAST ONE OPERATOR OF A
RECOVERY LIVING RESIDENCE WITH AT LEAST FIVE YEARS OF EXPERIENCE IN  THE
FIELD  WHO  MUST  DEMONSTRATE, TO THE EXTENT PRACTICABLE, THAT THE RESI-
DENCES THEY OPERATE HAVE HAD MINIMAL CODE VIOLATIONS WITHIN THE  PRECED-
ING  THREE YEARS. APPOINTMENTS MUST ENSURE GEOGRAPHIC REPRESENTATION, TO
THE EXTENT PRACTICABLE.  THE COMMISSIONER SHALL BE DESIGNATED THE CHAIR-
PERSON OF SUCH TASK FORCE AND SHALL  SELECT  A  VICE-CHAIRPERSON  AND  A
SECRETARY  FROM THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVER-
NOR;
  (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  RECOVERY 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.

A. 6718--A                          3

  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.