Bill Text: NY A00929 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the sober living task force which shall create best practice guidelines for sober living residences that illustrate the most appropriate and effective environment for persons recovering from a chemical dependency.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-01-14 - referred to alcoholism and drug abuse [A00929 Detail]

Download: New_York-2019-A00929-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           929
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. L. ROSENTHAL, DenDEKKER, CRESPO, DAVILA, BARRON,
          JONES -- Multi-Sponsored by -- M.  of  A.  THIELE  --  read  once  and
          referred to the Committee on Alcoholism and Drug Abuse
        AN  ACT to amend the mental hygiene law, in relation to establishing the
          sober living  task  force;  and  providing  for  the  repeal  of  such
          provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  19.04 to read as follows:
     3  § 19.04 Sober living task force.
     4    1. Definitions. As used in this section:
     5    (a)  "Sober  living residence" shall mean any residence located in New
     6  York state where the owner or operator of such residence holds the resi-
     7  dence out to the public as an alcohol and drug free  living  environment
     8  for  persons  recovering  from  a  chemical  dependency, where no formal
     9  treatment services are provided on-site.
    10    (b) "Sober living network" shall mean a group of  independently  oper-
    11  ated  and  self-regulated  sober  living  residences located in New York
    12  state which comply with the guidelines issued pursuant to this section.
    13    2. The sober living task force is hereby created,  which  pursuant  to
    14  the provisions of this section, shall establish best practice guidelines
    15  for  sober  living  residences  that illustrate the most appropriate and
    16  effective environment for persons recovering from a chemical dependency.
    17    3. The task force shall utilize information collected  from  organiza-
    18  tions and programs both in New York state and throughout the country to:
    19    (a)  Issue  recommendations and guidelines establishing best practices
    20  for sober living residences to provide an alcohol and  drug  free  sober
    21  living environment;
    22    (b)  Develop  a  plan to establish a statewide sober living network as
    23  defined in paragraph (b) of subdivision one of this section; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03287-01-9

        A. 929                              2
     1    (c) Identify barriers for individuals  to  access  recovery  services,
     2  residential  treatment  for  chemical dependency and appropriate housing
     3  where individuals are provided an alcohol and drug free living  environ-
     4  ment.
     5    4. (a) The members of the task force shall include the commissioner of
     6  the  office  of  alcoholism  and  substance abuse services or his or her
     7  designee; the commissioner of the office of mental health or his or  her
     8  designee;  the  commissioner  of  the office of temporary and disability
     9  assistance or his or her designee; the commissioner  of  the  office  of
    10  homes  and  community renewal or his or her designee; one representative
    11  of the New York state local  mental  hygiene  directors;  at  least  two
    12  representatives  of  reputable  owners or operators of a residence which
    13  currently provides alcohol and drug free housing for persons in recovery
    14  where no formal treatment services are provided on-site;  at  least  two
    15  representatives  of  chemical dependence residential treatment providers
    16  licensed by the office; at least one representative who is not a provid-
    17  er of chemical dependence or mental health services  and  who  represent
    18  non-governmental organizations, such as not-for-profit entities or other
    19  organizations  concerned  with  the  provision  of  housing and recovery
    20  services; and any other relevant agency or participant  that  is  deemed
    21  appropriate.  The commissioner shall be designated as the chairperson of
    22  such task force and shall select a  vice-chairperson  and  a  secretary.
    23  Prior  to  the first meeting of the task force, in consultation with the
    24  state agency members of such task force, the chairperson shall select up
    25  to eight additional members  whom  shall  be  representatives  of  local
    26  government  agencies  in  New  York state where the need for alcohol and
    27  drug free housing is most prevalent.
    28    (b) The members of the council shall receive no compensation for their
    29  services but shall be reimbursed for expenses actually  and  necessarily
    30  incurred in the performance of their duties.
    31    (c)  No  civil action shall be brought in any court against any member
    32  of the sober living task force for any act or omission necessary to  the
    33  discharge  of his or her duties as a member of the task force, except as
    34  provided herein. Such member may be  liable  for  damages  in  any  such
    35  action  if he or she failed to act in good faith and exercise reasonable
    36  care.  Any information obtained by a member  of  the  task  force  while
    37  carrying  out  his  or  her  limited duties as prescribed in subdivision
    38  three of this section shall only be utilized  in  their  capacity  as  a
    39  member of the task force.
    40    5.  No  later  than  December  thirty-first  in the year following the
    41  effective date of this section the task force shall provide a report  to
    42  the  temporary  president  of  the  senate,  the  minority leader of the
    43  senate, the speaker of the assembly, the minority leader of  the  assem-
    44  bly,  and  the  chairman of the appropriate legislative committees. Such
    45  report shall include but not be limited to  the  best  practices  estab-
    46  lished  for  sober  living  residences;  a  description of the plan that
    47  establishes a statewide sober living  network;  recommendations  by  the
    48  task force to reduce access barriers for individuals seeking residential
    49  treatment  for  chemical  dependency;  and recommendations for any other
    50  program or policy initiative  the  task  force  deems  appropriate.  The
    51  report shall be posted on the websites of the appropriate agencies.
    52    §  2.  This  act shall take effect on the thirtieth day after it shall
    53  have become a law and shall expire and  be  deemed  repealed  two  years
    54  after such effective date.
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