Bill Text: CA SB1283 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 1283	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2016

INTRODUCED BY   Senator Bates
   (Principal coauthor: Assembly Member Brough)

                        FEBRUARY 19, 2016

   An act to  amend Sections 11834.01, 11834.02, 11834.09,
11834.10, 11834.15, 11834.17, 11834.18, 11834.20, 11834.21, 11834.22,
11834.23, 11834.24, 11834.25, 11834.26, 11834.29, 11834.30,
11834.31, 11834.32, 11834.36, and 11834.50 of, and to add Sections
11834.11 and 11834.265 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:  adult
recovery maintenance facilities.   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  also require the department to administer
the licensure and regulation of adult recovery maintenance
facilities, as defined, pursuant to those provisions. The bill would
establish licensure fees for purposes of administering these
provisions. The bill would make conforming changes.  
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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  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 is not subject to state licensure and regulation as an
alcoholism or drug abuse recovery or treatment facility.
   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 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.  All matter omitted in
this version of the bill appears in the bill as introduced in the
Senate, February 19, 2016. (JR11)