Hawaii-2012-SCR102-Amended

WHEREAS, clean and sober homes and halfway houses provide a means for persons to return to the community through support in a home-like environment without the rigid structure of a therapeutic care facility or therapeutic living program; and

WHEREAS, there is a growing need for clean and sober homes to support the increasing number of recovering individuals entering communities each year and there are economic advantages to landlords who are assured of long-term tenancy and profitability; and

WHEREAS, many persons released from incarceration need the support of a home environment while trying to deal with the stressors of reintegrating back into society while maintaining sobriety; and

WHEREAS, recent surveys from several states indicate that many people are in favor of clean and sober homes and halfway houses, however, community residents have expressed concerns over the legal operation of such homes in their immediate vicinity and the compliance of those homes with all state and county laws; and

WHEREAS, many communities throughout the nation have attempted to regulate the operation of clean and sober homes and halfway houses after negative experiences with certain homes and houses; and

WHEREAS, as such, the needs and concerns of the community must be tempered with the needs of the individuals requiring support; and

WHEREAS, the urgency to establish a clean and sober home and halfway house task force is evident with the progress of S.B. No. 2536, H.D. 2, through the legislative process, which among other things establishes a task force to develop a plan of accountability to ensure the safe, lawful, and effective operation of clean and sober homes and halfway houses; and

WHEREAS, a task force made up of various representatives from the relevant executive agencies, social services community, and stakeholders would be in the best position to determine ways to ensure the operation of clean and sober homes and halfway houses in the community in a safe, lawful, and effective manner; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the House of Representatives concurring, that if S.B. Bill No. 2536, H.D. 2, which among other things establishes a task force to develop a plan of accountability to ensure the safe, lawful, and effective operation of clean and sober homes and halfway houses, is not enacted, that the Department of Health is requested to establish a task force to study clean and sober homes and halfway houses; and

BE IT FURTHER RESOLVED that the Director of Health, or the Director's designee, is requested to serve as Chairperson of the task force; and

BE IT FURTHER RESOLVED that the task force is requested to include the following members:

(1) The directors of each of the county planning departments or the directors' designees;

(2) The Chairperson of the Hawaii Paroling Authority or the Chairperson's designee;

(3) Homeless advocates, as determined by the Department of Human Services;

(4) Representation from clean and sober homes and halfway houses, as determined by the Department of Health;

(5) Legislative representatives in equal number from the Senate and House of representatives, as determined by the President of the Senate and the Speaker of the House of Representatives;

(6) Legal representatives, as determined by the Department of Health, to address issues such as discrimination, including the Attorney General or the Attorney General's designee; and

(7) Others, as appropriate, as determined by the Director of Health; and

BE IT FURTHER RESOLVED that the task force is requested to perform the following tasks and report on its efforts in performing these tasks:

(1) Establish a clear, legal definition of a "clean and sober home";

(2) Establish clear occupancy requirements for clean and sober homes and halfway houses;

(3) Develop a plan of accountability for clean and sober homes and halfway houses to ensure compliance with occupancy and other requirements; provided that in developing the plan, the task force shall review the need for or appropriateness of regulation of these facilities, as well as the most appropriate practices regarding regulation;

(4) Conduct an inventory of clean and sober homes statewide, identify current occupancy levels, and determine compliance with county zoning laws and tax requirements;

(5) Promote community and advocate education; and

(6) Balance community concerns with the needs of individuals requiring clean and sober homes and halfway houses; and

BE IT FURTHER RESOLVED that members of the task force shall not receive compensation for their service but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties; and

BE IT FURTHER RESOLVED that the task force consult with the appropriate county agencies to ensure that clients are referred only to clean and sober homes and halfway houses that meet the zoning requirements and definitions under section 46-4, Hawaii Revised Statutes, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, Titles II and III of the Americans with Disabilities Act, and other laws providing housing opportunities and protections for people with disabilities; and

BE IT FURTHER RESOLVED that the task force is requested to submit its plan of accountability and other findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to assist the task force in drafting legislation to implement the task force's recommendations; provided that the task force submits its recommendations and proposed legislation, if any, to the Bureau no later than November 1, 2012; and

BE IT FURTHER RESOLVED that the task force be dissolved on June 30, 2013; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Attorney General, Director of Human Services, Director of Health, Senate President, Speaker of the House of Representative, directors of each county planning department, Chairperson of the Hawaii Paroling Authority, and Director of the Legislative Reference Bureau.

Report Title:

Clean and Sober Homes; Halfway Houses; Task Force; Study

THE SENATE	S.C.R. NO.	102
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII