Bill Text: CA AB2255 | 2015-2016 | Regular Session | Amended
Bill Title: Drug and alcohol free residences.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2255 Detail]
Download: California-2015-AB2255-Amended.html
BILL NUMBER: AB 2255 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Melendez
(Principal coauthor: Assembly Member Brough)
(Coauthor: Assembly Member Harper)
(Coauthor: Senator Bates)
FEBRUARY 18, 2016
An act to add Section 11834.19 to the Health and Safety Code,
relating to residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2255, as amended, Melendez. Drug and alcohol free residences.
Existing law provides for the licensure and regulation of
community care facilities by the State Department of Social Services.
Existing law also provides for the licensure and regulation by the
State Department of Health Care Services of adult alcoholism and drug
abuse recovery and treatment facilities for adults.
This bill would, among other things, define a "drug and alcohol
free residence" as a residential property that meets
specified requirements and has been is operated as a
cooperative living arrangement to provide an alcohol and drug free
environment for persons recovering from alcoholism or drug abuse, or
both, who seek a living environment in which to remain clean and
sober. The bill would provide that a drug and alcohol free
residence may be certified by an organization approved by the
State Department of Health Care Services, defined as "an approved
certifying agency." The bill would provide that a residence housing
persons who purport to be recovering from drug or alcohol abuse would
be presumed to be a drug and alcohol free residence if the residence
has been certified by an approved certifying organization. The bill
would require an approved certifying organization, to
organization to, among other things, maintain an
affiliation with a recognized national organization, approved by the
department, establish procedures to administer the application,
certification, renewal, and disciplinary processes for a drug and
alcohol free residence, and investigate and enforce violations by a
residence of the organization's code of conduct, as provided. The
bill would specify the information and documentation that an operator
who seeks to have a residence certified is required to submit to an
approved certifying organization.
This bill would require the department to maintain and post on its
Internet Web site a registry that contains specified information
regarding each drug and alcohol free residence that has been
certified or has had its certification revoked. The bill would deem
the activities of a certified drug and alcohol free residence a
residential use of property under specified circumstances,
and would limit referral of persons who are required to reside in a
sober living environment, as specified, to certified drug and alcohol
free residences. circumstances.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11834.19 is added to the Health and Safety
Code, to read:
11834.19. (a) (1) For purposes of this section, "drug and alcohol
free residence" means a residential property that has been
certified by an approved certifying agency pursuant to subdivision
(c) and is operated as a cooperative living arrangement to
provide an alcohol and drug free environment for persons recovering
from alcoholism or drug abuse, or both, who seek a living environment
in which to remain clean and sober, and that satisfies all
of the following requirements: sober.
(2) A drug and alcohol free residence may be certified by an
approved certifying organization pursuant to subdivision (c).
(3) A certified drug and alcohol free residence shall satisfy all
of the following requirements:
(A) Residents, including live-in managers, operators, or owners,
are living a sober lifestyle. drug and
alcohol free.
(B) Residents actively participate in legitimate programs of
recovery from substance use disorder, including, but not limited to,
Alcoholics Anonymous or Narcotics Anonymous programs.
(C) Within the drug and alcohol free residence, a resident who has
been referred to, and has access to, ongoing outpatient treatment,
aftercare, or other recovery maintenance services continues to use
these services in accordance with a clinically managed system of care
if one exists for the resident.
(D) Owners, managers, operators, and residents observe and promote
a zero tolerance policy regarding the consumption or possession of
alcohol or controlled substances being used in any manner not
consistent with a documented prescription.
(2)
(4) A residence that houses persons who purport to be
recovering from drug and alcohol abuse shall be presumed to be a drug
and alcohol free residence if the residence has been certified by an
approved certifying organization.
(3)
(5) If a residence is certified pursuant to this
section within 90 days of beginning its operations, the activities at
that residence shall be deemed a residential use of property and a
use of property by a single family. family,
pursuant to Article 2 (commencing with Section 11834.20).
(b) For purposes of this section the following definitions apply:
(1) "Approved certifying organization" means an organization
approved by the department to register a residence as a drug and
alcohol free residence pursuant to this section.
(2) "Approved national organization" means a recognized national
organization, approved by the department, the primary function of
which is to improve access to, and the quality of, drug and alcohol
recovery residences through standards, education, research, and
advocacy.
(c) An approved certifying organization shall do all of the
following:
(1) Maintain an office in the state.
(2) Maintain nonprofit status in the state.
(3) Be an affiliate of, and continuously maintain affiliation
with, an approved national organization.
(4) Maintain the most current standards published by the approved
national organization.
(5) Document that the organization actively develops and confers
professional, residential, or organizational quality designations
according to applicable nationally recognized standards.
(6) Establish drug and alcohol free residence certification
requirements.
(7) Establish procedures to administer the application,
certification, renewal, and disciplinary processes for a drug and
alcohol free residence.
(8) Inspect, at least annually, a drug and alcohol free residence
to ensure compliance with certification requirements.
(9) Submit, to the department and the operator of a residence that
the organization certifies, a written code of conduct for a drug and
alcohol free residence that incorporates national standards for
legal and ethical conduct for recovery residences.
(10) Submit to the department and the operator of a drug and
alcohol free residence disciplinary guidelines that include sanctions
for first and subsequent violations of the organization's code of
conduct that allows the drug and alcohol free residence notice and
opportunity to correct a violation and requires the approved
certifying organization to revoke the certification of the residence
if the required corrective action is not completed within the
specified time period.
(11) Respond to and investigate suspected violations of the
organization's code of conduct.
(12) Require an operator who seeks to have a residence certified
to submit all of the following documents with the operator's
completed application and fee:
(A) Procedures and requirements for verifying that a resident
remains drug and alcohol free.
(B) A prohibition on the premises against alcohol, illegal drugs,
or the use of prescribed medications by an individual except as
prescribed by a physician and used in accordance with the
prescription.
(C) Policies to support a resident's recovery efforts.
(D) A good neighbor policy to address neighborhood concerns and
complaints.
(E) A policy for informing local government officials and
neighbors about the approved certification organization's complaint
procedures, the contact number of the operator of the residence, and
a contact number of a minimum of one resident assigned with the
responsibility of mitigating a complaint.
(F) Rules for a resident, copies of forms provided to a resident,
relapse policy, fee and refund policies, and eviction procedures and
policies.
(G) Proof that the operator of the residence has completed a
minimum of 10 hours of alcohol and drug free program management
education approved by the approved certifying organization.
(H) Proof that a minimum of one resident has received
certification approved by the approved certifying organization.
Certification shall include, at a minimum, the following subjects:
ethics, health and safety topics related to addiction recovery and
maintenance, and emergency planning procedures.
(13) (A) Review the registry posted on the department's Internet
Web site pursuant to subdivision (i) to determine whether the
residence that the operator has applied to have certified has had a
previous certification revoked or the operator submitting the
application for certification has operated a residence for which a
previous certification has been revoked.
(B) Deny an application for certification if the residence address
or operator name in the application is listed on the registry and
satisfies the conditions described in subparagraph (A), and send the
applicant a written notice of denial of certification.
(d) The department shall adopt application procedures and
standards of approval for an organization that seeks to be approved
by the department as an approved certifying organization.
(e) The department shall adopt application procedures and
standards of approval for an organization that seeks to be approved
by the department as an approved national organization.
(f) (1) The department may conduct periodic reviews of an approved
certifying organization to determine whether the organization is in
compliance with all applicable laws.
(2) The department may revoke approval of an approved certifying
organization if the organization does any of the following:
(A) Ceases to be affiliated with the approved national
organization.
(B) Fails to perform any of the duties imposed by subdivision (c).
(C) Refuses to comply with sanctions imposed by the department.
(D) Discontinues certifying drug and alcohol free residences.
(g) (1) The department may investigate complaints it receives
regarding a drug and alcohol free residence independently or in
conjunction with the approved certifying organization.
(2) The department may impose sanctions and commence disciplinary
actions, including revoking the certification of a residence as a
drug and alcohol free residence.
(h) A city, county, city and county, or local law enforcement
agency that suspects that a drug and alcohol residence is not
operating in compliance with the residence's code of conduct may
request the department to revoke the certification of that residence.
(i) The department shall maintain and post on its Internet Web
site a registry containing all of the following information:
(1) The street address and the name and contact telephone number
of the operator of each residence that has been certified as a drug
and alcohol free residence pursuant to this section.
(2) The street address of each residence that has had its
certification revoked.
(3) The name of each operator of a residence that has had its
certification revoked.
(j) On and after January 1, 2018, a state agency, state-contracted
vendor, county agency, or county-contracted vendor that directs
substance abuse 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 a person to reside in a sober living
environment, shall refer that person only to a residence listed as a
certified drug and alcohol free residence on the registry posted on
the department's Internet Web site.
