S T A T E O F N E W Y O R K
________________________________________________________________________
5670
2021-2022 Regular Sessions
I N A S S E M B L Y
February 22, 2021
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Introduced by M. of A. THIELE -- read once and referred to the Committee
on Alcoholism and Drug Abuse
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
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05792-01-1
A. 5670 2
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.
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
A. 5670 3
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.