Assembly Bill A6458

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6458
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- 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
   certified recovery residences task force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 32.05-a of the mental hygiene  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  THE  CERTIFIED  RECOVERY  RESIDENCES TASK FORCE IS HEREBY CREATED,
 WHICH PURSUANT TO THE PROVISIONS OF THIS  SUBDIVISION,  SHALL  ESTABLISH
 BEST  PRACTICE  GUIDELINES FOR CERTIFIED RECOVERY LIVING RESIDENCES THAT
 ILLUSTRATE THE MOST APPROPRIATE AND EFFECTIVE  ENVIRONMENT  FOR  PERSONS
 RECOVERING FROM A CHEMICAL DEPENDENCY.
   (A)  THE  TASK  FORCE  SHALL  STUDY  AND UTILIZE RELIABLE EVIDENCE AND
 INFORMATION COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN  NEW  YORK
 STATE AND THROUGHOUT THE COUNTRY TO:
   (I)  DOCUMENT THE NUMBER OF CERTIFIED RECOVERY RESIDENCES OPERATING IN
 THE STATE;
   (II) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST  PRACTICES
 FOR  CERTIFIED 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; PERSONAL FINANCIAL PARTICIPATION BY  TENANTS;  WORK  REQUIRE-
 MENTS,  INCLUDING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06451-01-5
              

 A. 6458                             2
 
 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;
   (III)  STUDY  AND  ISSUE FINDINGS REGARDING HEALTH AND SAFETY CONCERNS
 RELATED TO THE OCCUPANCY AND  OPERATION  OF  CERTIFIED  RECOVERY  LIVING
 RESIDENCES FOR THE PERSON IN RECOVERY;
   (IV)  STUDY  AND ISSUE FINDINGS REGARDING THE IMPACTS OF OCCUPANCY AND
 OPERATION OF CERTIFIED RECOVERY LIVING RESIDENCES ON  NEIGHBORHOODS  AND
 SURROUNDING AREAS;
   (V)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
 THAT THE TASK FORCE DEEMS RELEVANT.
   (B) THE MEMBERS OF THE  TASK  FORCE  SHALL  INCLUDE  THIRTEEN  MEMBERS
 CONSISTING OF THE COMMISSIONER OR THEIR DESIGNEE SERVING EX OFFICIO; THE
 COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OR THEIR DESIGNEE SERVING EX
 OFFICIO;  THE  COMMISSIONER  OF  THE  OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE OR THEIR DESIGNEE SERVING EX OFFICIO; THE COMMISSIONER OF THE
 OFFICE OF HOMES AND COMMUNITY RENEWAL OR THEIR DESIGNEE SERVING EX OFFI-
 CIO; TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE
 MEMBER APPOINTED BY THE MINORITY  LEADER  OF  THE  SENATE;  TWO  MEMBERS
 APPOINTED  BY  THE  SPEAKER OF THE ASSEMBLY; ONE MEMBER APPOINTED BY THE
 MINORITY LEADER OF THE ASSEMBLY; AND  THREE  MEMBERS  APPOINTED  BY  THE
 GOVERNOR,  ONE  OF  WHOM  SHALL  BE  AN OPERATOR OF A CERTIFIED RECOVERY
 LIVING RESIDENCE WITH DEMONSTRATED EXPERIENCE IN THE FIELD AND WHO  MUST
 DEMONSTRATE,  TO  THE EXTENT PRACTICABLE, THAT THE RESIDENCES THEY OPER-
 ATE, CERTIFIED OR OTHERWISE, HAVE HAD MINIMAL CODE VIOLATIONS WITHIN THE
 PRECEDING THREE YEARS. APPOINTMENTS  MUST  ENSURE  GEOGRAPHIC  REPRESEN-
 TATION, TO THE EXTENT PRACTICABLE.  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.
   (I)  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.
   (II)  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 THEIR DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
 PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
 ACTION IF THEY FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE CARE.
 ANY  INFORMATION  OBTAINED  BY A MEMBER OF THE TASK FORCE WHILE CARRYING
 OUT THEIR DUTIES AS PRESCRIBED IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE TASK FORCE.
   (C)  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, 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,  TO  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 PUBLIC BY POSTING A COPY ON THE  WEBSITE  MAINTAINED  BY  THE
 OFFICE.
   §  2. This act shall take effect one year after it shall have become a
 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 to be made and completed on or  before
 such effective date.