BILL NUMBER: AB 2255	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez
   (Principal coauthor: Assembly Member Brough)

                        FEBRUARY 18, 2016

   An act to add Section 11834.19 to the Health and Safety Code,
relating to residential facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2255, as introduced, Melendez. Sober living homes.
   Existing law provides for the licensure and regulation of
community care facilities by the State Department of Social Services.
Existing law also provides for the licensure and regulation by the
State Department of Health Care Services of alcoholism and drug abuse
recovery and treatment facilities for adults.
   This bill would define a "sober living home" as a residential
property that meets specified requirements. The bill would provide
that a residence housing those purporting to be recovering from drug
or alcohol abuse would be presumed to be a sober living home if it
has been certified, registered, or approved by a state-recognized
nonprofit organization. The bill would require the nonprofit
organization to establish minimum standards for sober living homes,
including protocols to address suspected drug and alcohol abuse or to
report the death of a resident.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11834.19 is added to the Health and Safety
Code, to read:
   11834.19.  (a) For purposes of this chapter, "sober living home"
means 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, and that
satisfies all of the following requirements:
   (1) Residents of the facility, including live-in managers,
operators, or owners, are living a sober lifestyle.
   (2) Residents actively participate in legitimate programs,
including, but not limited to, Alcoholics Anonymous or Narcotics
Anonymous programs.
   (3) Within the sober living home, residents actively participate
in legitimate recovery programs, including, but not limited to,
outpatient treatment, 12-step recovery, and other recognized programs
of recovery, and maintain current records of meeting attendance.
   (4) Owners, managers, operators, and residents 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. The observation
and promotion of this policy may take into account demonstrable
efforts made by residents to respond to, and prevent additional
violations of, the policy.
   (5) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local laws.
   (b) (1) A residence housing those purporting to be recovering from
drug and alcohol abuse shall be presumed to be a sober living home
if the residence has been certified, registered, or approved by a
state-recognized nonprofit organization that provides a credible
quality assurance service for applicants or members.
   (2) The state-recognized nonprofit organization shall establish
minimum standards for all of the following:
   (A) Protocols to address suspected drug and alcohol abuse.
   (B) Protocols to report the death of a resident.
   (C) Basic first aid and CPR training.