Bill Text: CA AB1779 | 2019-2020 | Regular Session | Amended
Bill Title: Recovery residences.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB1779 Detail]
Download: California-2019-AB1779-Amended.html
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
April 22, 2019 |
Assembly Bill | No. 1779 |
Introduced by Assembly Member Daly (Coauthor: Assembly Member Rodriguez) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would require, on and after January 1, 2021, a state agency, state-contracted vendor, county agency, county-contracted vendor, licensed or certified alcoholism or drug abuse recovery or treatment program, certified alcoholism or drug abuse treatment counselor,
or a person or entity licensed in the healing arts that directs substance use treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified. By imposing additional duties on local entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 14 (commencing with Section 11857) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:CHAPTER 14. Recovery Residences
11857.
(a) For purposes of this chapter, “recovery residence” refers to a residential property as defined in subdivision (c) of Section 11833.05.An entity in this state that recognizes, registers, or certifies a recovery residence shall do all of the following:
(a)Require an applicant for registration or certification of a recovery residence to submit evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency.
(b)Require that the owner, operator, or responsible resident complete a minimum of 10 hours per year of recovery residence training, which shall include, at a minimum, the subjects of ethics, health and safety topics related to addiction recovery and maintenance, and emergency planning
procedures.
(c)Require the recovery residence to maintain the most current standards published by NARR, until the BPORH is distributed.
(d)Require the recovery residence to maintain the standards of the BPORH within six months of its initial distribution.
11857.02.
An application for, or the recognition, registration, or certification of, a recovery residence shall be denied or revoked by11857.03.
A city, county, city and county, or local law enforcement entity that has documented evidence that a recovery residence is not operating in compliance with NARR or BPORH standards to an extent that resident or community safety is being impacted, in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, may report these findings to the department and to an entity described in Section 11857.01. The department or a city, county, or city and county, or local law enforcement, may request that the residence obtain recognition, registration, certification, or licensure, as applicable, as a recovery residence or treatment facility within 90 days of being notified of that deficiency by the department or an entity described in Section 11857.01 in order to improve the conditions at the residence and support positive relationships with the community. If the recovery residence is providing treatment for addiction, the recovery residence shall cease providing services that may be provided only pursuant to a valid license until the appropriate license has been issued.11857.04.
The department shall maintain and post on its internet website a registry containing the following information:(a)Notwithstanding any other law, on and after January 1, 2021, a state agency, state contracted vendor, county agency, county contracted vendor, licensed or certified alcoholism or drug abuse recovery or treatment program, certified alcoholism or drug abuse treatment counselor, or a person or entity licensed in the healing arts pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code that directs substance use treatment, shall refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified.
(b)A judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires a person to reside in a sober living environment, shall refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified, so that proper rehabilitation in accordance with the terms and conditions of the court’s orders or terms of release as applicable, pursuant to subdivision (a) of Section 1170 of the Penal Code, may be accomplished.
State or county funding shall not be allocated to a recovery home that has not submitted evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency, except as otherwise provided by federal law.
11857.07.
(a) This chapter does not prohibit a county contracting authority from requiring quality and performance standards that are similar to, or that exceed, the standards described in this chapter, when contracting for recovery residence services.11857.08.
(a) The department shall report to the Legislature on or before January 1, 2025, the number and types of complaints received by entities and the department pursuant to Section 11857.03, the status of complaints received, and the geographic concentration of reported complaints.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.