Bill Text: CA SB1283 | 2015-2016 | Regular Session | Amended
Bill Title: Substance abuse: structured sober living homes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-06-06 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1283 Detail]
Download: California-2015-SB1283-Amended.html
BILL NUMBER: SB 1283 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2016
AMENDED IN SENATE APRIL 4, 2016
INTRODUCED BY Senator Bates
(Principal coauthor: Assembly Member Brough)
FEBRUARY 19, 2016
An act to add Chapter 5 (commencing with Section 11759.70) to Part
1 of Division 10.5 of the Health and Safety Code, relating to
substance abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1283, as amended, Bates. Substance abuse: structured sober
living homes.
Existing law provides for the licensure and regulation of
alcoholism or drug abuse recovery or treatment facilities serving
adults by the State Department of Health Care Services, as
prescribed.
This bill would authorize a city, county, or city and county to
enact an ordinance to register structured sober living homes,
consistent with specified state and federal law, and with specified
exclusions. The bill would define a structured sober living home as
any premises, place, or building that provides groups of unrelated
adults recovering from drug or alcohol addiction with alcohol-free
and drug-free housing, promotes independent living and life skill
development, and provides structured activities that are directed
primarily toward recovery from substance use disorders in a
supervised setting. The bill would specify registration and other
requirements applicable to structured sober living homes. A
structured sober living home, as defined by and registered pursuant
to the bill, would not be subject to existing state licensure and
regulation requirements for alcoholism or drug abuse recovery or
treatment facilities. The bill would provide that it does not
establish a new category of state-licensed facility, or otherwise
authorize a structured sober living home registered pursuant to an
ordinance adopted under the bill to provide any service for which a
license is required by state law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section 11759.70) is added
to Part 1 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER 5. STRUCTURED SOBER LIVING HOMES
11759.70. (a) (1) For the purposes of this section, "structured
sober living home" means any premises, place, or building that
provides alcohol-free or drug-free housing, promotes independent
living and life skill development, and provides structured activities
that are directed primarily toward recovery from substance use
disorders in a supervised setting to a group of unrelated adults who
are recovering from drug or alcohol addiction, and who are receiving
outpatient behavioral health services for substance abuse or
addiction treatment while living in the home.
(2) "Structured sober living home" does not include a private
residence in which a related family member is required to receive
outpatient behavioral health services for substance abuse or
addiction treatment as a condition of continuing to reside in the
family dwelling.
(b) A structured sober living home registered pursuant to
this section an ordinance
adopted under this chapter is not subject to state licensure
and regulation as an alcoholism or drug abuse recovery or treatment
facility. This chapter does not establish a new category of
state-licensed facility, or otherwise authorize a structured sober
living home registered pursuant to an ordinance adopted
under this chapter to provide any service for which a license is
required by state law.
11759.71. (a) In accordance with this section, a city, county, or
city and county may adopt by ordinance health and safety standards
and enforcement mechanisms for structured sober living homes that
comply with state and federal housing laws and the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and
amendments thereto. The ordinance shall include, but need not be
limited to, all of the following:
(1) Mandatory registration requirements for all structured sober
living homes, to ensure that the residents are living in a safe
environment. The registration requirements, at a minimum, shall
include the following:
(A) The name and address of the structured sober living home.
(B) The following information regarding the property:
(i) If the property is owned, the The
property owner's name, address, and contact telephone number.
(ii) If the property is leased, a copy of the lease, that includes
a statement that the property will be used as a structured sober
living home.
(2) In-home supervision requirements for the residents of the
structured sober living home during all hours of operation.
(3) The establishment and maintenance of an operation plan that
facilitates the rehabilitative process, including discharge planning,
and that addresses maintenance of the property and noise abatement
consistent with local ordinances.
(b) A city, county, or city and county that adopts health and
safety standards and enforcement mechanisms for structured sober
living homes pursuant to subdivision (a) may exclude from regulation
any structured sober living home that is subject to adequate
oversight by another governmental entity or contractor that meets or
exceeds the requirements of this chapter.
11759.72. This chapter shall not be interpreted to require the
adoption of a structured sober living home ordinance by any city,
county, or city and county. The authority granted to a city, county,
or city and county to adopt an ordinance under this chapter shall be
in addition to any other authority that may be exercised by the city,
county, or city and county to regulate the use of property within
its jurisdiction.
