Bill Text: HI SB2682 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2682 (Prior Session Legislation)

Introduced

Bill Title: Regulating Clean and Sober Homes and Halfway Houses

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-02-15 - (S) The committee on HTH deferred the measure. [SB2682 Detail]

Download: Hawaii-2012-SB2682-Introduced.html

THE SENATE	S.B. NO.	2682
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Clean and sober and halfway home regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Clean and sober homes and halfway houses. (a) Beginning July 1, 2012, each clean and sober home and halfway house shall be licensed to ensure the health, safety, and welfare of the individuals placed therein; the health, safety, and welfare of its surrounding neighbors; and to ensure a smooth transition of the individuals placed therein into the communities in which these homes are located.

(b) Any operator of a clean and sober home or halfway house shall obtain a general excise tax license under section 237-9 prior to commencing operation of a clean and sober home or halfway house. The excise license shall not be a substitute for any county regulation or permit or for the notice requirement of section 46-4(e).

(c) The director of health shall adopt rules regarding clean and sober homes and halfway houses in accordance with chapter 91 that shall be designed to:

(1) Establish standard operating procedures;

(2) Provide a review process to monitor compliance in meeting the standard operating procedures;

(3) Provide a residential program for care and rehabilitation for persons who require structured living and who are suffering or recovering from substance abuse; are undergoing sex offender treatment; have been released or are under supervised release from a correctional facility; or have been released from a mental health treatment facility;

(4) Set occupancy standards for clean and sober homes and halfway houses based on room size and not based on the cost of the rental housing;

(5) Identify best practices for communicating with the surrounding community; and

(6) Ensure the safety of the residents, staff, and volunteers of clean and sober homes and halfway houses and their neighbors.

(d) Prior to being issued a license to commence operation of a clean and sober home or halfway house, the operator of the home or house shall conduct at least one public informational meeting at a neighborhood board meeting in the area in which the home or house will be located. If the home will be located in an area that does not have a neighborhood board, the public informational meeting shall be held at the county council. Notarized affidavits confirming that adjoining and surrounding property owners were sent written notification of any such informational meeting in a timely manner is required. The department of health shall consider the testimony received at the informational meeting in determining whether to grant a license for the operation of a clean and sober home or halfway house.

(e) An annual licensing fee for all clean and sober homes and halfway houses shall be established by the department of health. All proceeds from the licensing fee shall be applied to administrative costs of the licensing program.

(f) The department of health shall institute a schedule of penalties and fees for the violation of any law or rule applying to clean and sober homes and halfway houses.

(g) The department of health shall maintain a listing of all licensed clean and sober homes and halfway houses in the State which shall be deemed a public record.

(h) After June 30, 2013, state agencies, including but not limited to the Hawaii paroling authority, shall refer clients only to clean and sober homes and halfway houses that have been licensed pursuant to this section.

(i) All existing clean and sober homes and halfway houses will have one year from June 1, 2012, to comply with this section and any rules adopted by the department of health applicable to clean and sober homes and halfway houses.

(j) The department of health shall adopt, modify, and repeal rules of general application as may be necessary to effectuate this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Regulating Clean and Sober Homes and Halfway Houses

Description:

Establishes a licensing requirement for all clean and sober homes and halfway houses and requires the department of health to establish rules to oversee them.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.