STATE OF NEW YORK ________________________________________________________________________ 910 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed 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. LBD00986-01-7S. 910 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 one year after 54 such effective date.