BILL ANALYSIS
AB 724
Page 1
Date of Hearing: April 17, 2007
ASSEMBLY COMMITTEE ON HEALTH
Mervyn Dymally, Chair
AB 724 (Benoit) - As Amended: April 12, 2007
SUBJECT : Sober living homes.
SUMMARY : Allows any city, county, or city and county to
exercise its police power to regulate, without restriction, the
use and occupancy of a single-family residence location in a
single-family residential zone, if the residence does not meet
the definition of: (a) A licensed community care facility; (b) A
licensed alcoholism or drug abuse recovery or treatment
facility; (c) A facility operating under a valid license issued
by another state or by federal agency for residential programs
intended to be operated in a single-family home; or, (d) A sober
living home. Specifically, this bill :
1)Defines a sober living home as a residential property that is
operated as a cooperative living arrangement to provide an
alcohol- and drug-free environment for persons recovering from
alcoholism or drug abuse, or both, who seek a living
environment in which to remain clean and sober. Exempts a
sober living home from licensure if it demonstrates all of the
following characteristics that distinguish it from similar
facilities subject to licensure, including, but not limited
to, community care facilities, and alcoholism and drug
treatment facilities:
a) Residents of the facility, including live-in managers,
operators, or owners, are recovering from alcohol or drug
abuse;
b) Residents actively participate in legitimate programs,
including, but not limited to, Alcoholics Anonymous or
Narcotics Anonymous programs, and maintain current records
of meeting attendance. Requires these records to be made
available for inspection upon the request of a law or code
enforcement officer;
c) Owners, managers, operators, and residents shall observe
and promote a zero tolerance policy regarding the
consumption or possession of alcohol or controlled
substances, except for prescription medications obtained
and used under direct medical supervision;
d) Residents submit to mandatory random alcohol or drug
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testing, or both, which is conducted onsite by managers or
operators, or by peer leaders in self-governed homes.
Requires testing records to be current and maintained
onsite, and be made available for inspection upon the
request of a law or code enforcement officer;
e) Owners, managers, operators, and residents do not
provide onsite any of the following services, as defined by
existing regulations:
i) Detoxification;
ii) Educational counseling;
iii) Individual or group counseling sessions; and,
iv) Treatment or recovery planning.
f) Complies with limits on the number of residents who are
subject to the sex offender registration requirements, as
specified, and does not violate distance provisions, as
specified.
g) No resident requires nonmedical care or supervision, as
specified;
h) Residents are responsible for their own meals and
owners, managers, or operators do not provide food services
to residents; and,
i) Owners, managers, operators, and residents ensure that
the property and its use comply with applicable state and
local law.
2)Makes this bill operative only if SB 992 (Wiggins) is enacted
and takes effect on or before January 1, 2008.
EXISTING LAW :
1)Establishes the State Department of Alcohol and Drug Programs
(ADP) to develop and implement a statewide plan to alleviate
problems related to inappropriate alcohol use, and licenses
alcoholism and drug abuse recovery or treatment facilities
that provide a broad range of services in a supportive
environment for adults who are addicted to alcohol or drugs.
2)Requires a facility with six or fewer persons to be considered
a residential use of property and not subject to zoning
ordinances or other clearances.
3)Defines an alcoholism or drug abuse recovery treatment
facility as any premise, place, or building that provides
24-hour residential nonmedical services to adults who are
recovering from problems related to alcohol, drug, or alcohol
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and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification
services.
4)Defines a community care facility as any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster
family agency services for children, adults, or children and
adults, including, but not limited to, physically handicapped,
mentally impaired, incompetent persons, and abused or
neglected children, and includes a residential facility, adult
day program, therapeutic day services facility, foster family
agency, foster family home, small family home, social
rehabilitation facility, and community treatment facility.
5)Requires, a sex offender, as defined, to register with the
chief of police of the city in which he or she is resides, or
the sheriff of the county, if he or she is residing in an
unincorporated area or city that has no police department;
and, additionally, with the chief of police of a campus of the
University of California, the California State University, or
community college if he or she is residing upon the campus or
in any of its facilities, within five working days of coming
into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she
temporarily resides. Makes it unlawful for any person for
whom registration is required to reside within 2000 feet of
any public or private school, or park where children regularly
gather.
6)States that when a person is released on parole after having
served a term of imprisonment in state prison for any offense
for which registration is required, that person may not,
during the period of parole, reside in any single family
dwelling with any other person also required to register
pursuant to existing law, unless those persons are legally
related by blood, marriage, or adoption. Excludes from the
definition of "single family dwelling" for purposes of this
section, a residential facility which serves six or fewer
persons.
7)Prohibits a conditional use permit, zoning variance, or other
zoning clearance from being required of a residential facility
which serves six or fewer persons that is not required of a
family dwelling of the same type in the same zone.
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8)Prohibits, under the California Fair Employment and Housing
Act (FEHA), discrimination against any person in any housing
accommodation on the basis of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability. Specifies that discriminatory land use
regulations, zoning laws, and restrictive covenants are
unlawful acts.
FISCAL EFFECT : Unknown.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the sponsor of this bill,
City of Riverside, this bill is based on its direct experience
with the illegal uses of single family residential properties
where the owners or operators falsely claim to be operating
"sober living homes" to avoid local regulation. The city
points out that few, if any, of the residents or occupants of
these properties are actually recovering alcoholics or
addicts. Furthermore, it states that most of these properties
present substantial, substandard conditions in violation of
the Uniform Housing Code, which are adopted in most municipal
codes. The purpose of this bill is to codify a meaningful
definition for the term sober living home which everyone can
rely upon in their efforts to determine the actual nature and
scope of local regulation applicable to the use of any given
single family residential property.
2)SOBER LIVING HOMES . Sober living homes are residences or
congregate living situations providing a supportive living
environment to recovering alcohol and drug abusers. Sober
living homes operate on the concept that by surrounding
oneself with individuals who are experiencing the same
self-help learning process, recovering from one's addiction is
much easier. Residents may participate in Twelve-Step
meetings or other educational meetings to help maintain their
sobriety and pursue other activities, including employment.
ADP points out that sober living homes are exempt from
licensure and have no authority to offer treatment or
services. However, ADP indicates there have been numerous
complaints relating to unlicensed facilities, including sober
living homes. ADP specifies that on average, it receives 125
complaints per year. Many of the complaints indicate that
unlicensed facilities, including sober living homes, are
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offering addiction treatment services.
3)DRUG & ALCOHOL TREATMENT FACILITIES . According to ADP, a
residential treatment facility provides various services
including detoxification, group, individual, or education
sessions, and/or recovery or treatment planning. In addition,
a licensed facility may also offer individualized services
including vocational and employment search training, community
volunteer opportunities, new skills training, peer support,
social and recreation activities, and information about and
referral to appropriate community services.
4)SITING OF FACILITIES . According to Substance Abuse and Mental
Health Services Administration publication entitled " Siting
Drug and Alcohol Treatment Programs: Legal Challenges to NIMBY
Syndrome " many people recognize the pervasiveness of alcohol
and drug problems but such concern has not always resulted in
communities welcoming alcohol and other drug treatment
programs into their neighborhoods. Community opposition,
often referred to as "not in my backyard" (NIMBY) syndrome,
often prevents or delays the siting of a treatment program.
The publication states that the NIMBY syndrome is not new, and
it does not arise solely in opposition to alcohol and other
drug treatment programs. Community resistance often is
mobilized to prevent the opening or expansion of many types of
health and social service facilities, including shelters for
the homeless, group homes for the mentally ill, halfway houses
for ex-offenders, and health-related facilities for those with
Acquired Immuno Deficiency Syndrome. The publication
indicates reasons for resisting treatment programs and
includes five myths about siting a treatment facility: a)
Community residents may fear that property values will
decline; b) Merchants may be concerned that crime will
increase; c) The community may believe that a treatment
program will bring in "outsiders," perhaps outsiders of a
different class or ethnic group; d) The community may believe
that there already is an over-concentration of services in the
vicinity; and, e) The community may simply confuse the
problem's solutions with its manifestations.
5)LAND USE REGULATIONS . FEHA makes it unlawful to engage in
various discriminatory practices on the sale and rental of
housing based on race, color, religion, sex, marital status,
national origin, ancestry, familial status, or disability. It
also prohibits discriminatory land use regulations, zoning
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laws, and restrictive covenants that would similarly be
discriminatory against the above categories. FEHA also
specifies that groups of persons with disabilities living
together in a single dwelling unit are considered a family.
6)SUPPORT . The City of Riverside states that this bill is based
on its experience with the illegal uses of single family
residential properties where the owners or operators falsely
claim to be operating a sober living home to avoid local
regulation. They state that few of the residents of these
homes are actually recovering alcoholics or addicts but are
using these residents as illegal boarding houses hiding behind
a self-serving label.
7)OPPOSITION . The American Civil Liberties Union (ACLU) states
in its opposition that this bill would impose intrusive and
unrealistic restrictions on sober living homes which could
result in the elimination of these transitional housing
options for people in recovery. ACLU also points out that
this bill violates the Fourth Amendment prohibition against
unreasonable searches and seizures because it would allow law
or code enforcement officials to enter sober living homes
without cause and demand to review an individual's drug
testing results and attendance at drug treatment meetings.
ACLU also states that this bill's language allowing a city or
county to regulate without restriction is too broad,
especially since there are constitutional protections and
federal and state statutes such as the FEHA and the American
with Disabilities Act which prohibits discrimination.
8)RELATED LEGISLATION .
a) AB 370 (Adams), pending in the Assembly Committee on
Public Safety, would permit a city or county to prohibit a
registered sex offender released on parole from residing
with any other person on parole in a residential facility
serving six or fewer residents, unless the other resident
is related by blood, marriage or adoption. Permits a city
or county to include a residential care facility serving
six or fewer persons, including a sober living facility,
within the definition of single family residence.
b) SB 992 (Wiggins), requires ADP to regulate, license, and
certify adult recovery maintenance facilities, as defined.
SB 992 is pending in the Senate Health Committee.
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c) SB 1000 (Harman), is substantially similar to SB 992 but
also requires ADP to authorize local code enforcement
officers to conduct site visits. SB 1000 is pending in the
Senate Health Committee.
9)PREVIOUS LEGISLATION . AB 3007 (Emmerson) of 2006, would have
required ADP, commencing on March 1, 2007, to deny an
application for a new adult alcoholism or drug abuse recovery
or treatment facility license if ADP determines that the
location is in proximity to an existing facility that would
result in overconcentration of these facilities in one
neighborhood. AB 3007 was held in the Assembly Appropriations
Committee.
10)DRAFTING SUGGESTION . On page 2, line 28, after the period,
the author may wish to substitute the existing language with
the following: "A sober living home shall be exempt from
licensure as a community care facility, alcoholism and drug
treatment facility, or any other similar facility subject to
licensure, if it demonstrates all of the following
characteristics:"
11)CONCERNS .
a) Discrimination based on disability . This bill would
allow a city or county to pass any law it deems necessary
on the use and occupation of a single family home if the
sober living home does not meet any of the definitions
specified in the bill. According to federal Health and
Human Services, substance use disorders (addiction) are
recognized as impairments that can and do, for many
individuals, substantially limit the individual's major
life activities. For this reason, many courts, including
courts in California, have found that individuals
experiencing or who are in recovery from these conditions
are individuals with a "disability" protected by federal
and California laws. Is the unintended effect of this bill
to discriminate against individuals who have drug
disabilities?
b) Records of treatment and results of drug tests . This
bill requires that residents of sober living homes make
available records relating to their attendance at
Alcoholics Anonymous, Narcotics Anonymous or any other
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treatment program, and/or drug testing records to a law or
code enforcement officer. How will law enforcement ensure
the confidentiality of these records? In addition, how
will law or code enforcement officers use the information,
especially if a record shows an individual failed a drug
test? Will failure of a drug test trigger a prosecution
under local laws?
c) Drug testing on-site . This bill requires residents of
sober living homes to submit to mandatory random drug
testing onsite. Are the managers or operators of these
sober living homes appropriately trained to conduct and
interpret the results of drug tests?
d) Certification . It appears that one of the problems this
bill seeks to address is the legitimacy of sober living
homes by ensuring that the residents are actually trying to
recover from addiction. As such, is it appropriate to then
require these sober living homes to be certified by a
private certification entity? According to ADPs website,
there are several organizations that certify or charter
sober living homes and train operators or managers of these
homes. For example, the California Association of
Addiction Recovery Resources, Sober Living Network, and
Oxford House Inc. have developed minimum standards for
sober living homes.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Riverside (sponsor)
League of California Cities
Opposition
American Civil Liberties Union
California Association of Addiction Recovery Resources (prior
version)
Analysis Prepared by : Rosielyn Pulmano / HEALTH / (916)
319-2097