Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2255

Introduced by Assembly Member Melendez

(Principal coauthor: Assembly Member Brough)

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(Coauthor: Assembly Member Harper)

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(Coauthor: Senator Bates)

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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 amended, Melendez. begin delete Sober living homes. end delete begin insert Drug and alcohol free residences. end insert

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 begin insert adult end insert alcoholism and drug abuse recovery and treatment facilities for adults.

This bill begin delete would end delete begin insert would, among other things, end insert define a begin delete “sober living home” end delete begin insert “drug and alcohol free residence end insert begin insert ” end insert as a residential property that meets specified begin delete requirements. end delete begin insert requirements and has been certified by an organization approved by the State Department of Health Care Services, defined as “an approved certifying agency. end insert begin insert ” end insert The bill would provide that a residence housing begin delete those purporting end delete begin insert persons who purport end insert to be recovering from drug or alcohol abuse would be presumed to be a begin delete sober living home end delete begin insert drug and alcohol free residence end insert if begin delete it end delete begin insert the residence end insert has been begin delete certified, registered, or approved by a state-recognized nonprofit end delete begin delete organization. end delete begin insert certified by an approved certifying organization. end insert The bill would require begin delete 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. end delete begin insert an approved certifying organization, to among other things, maintain an affiliation with a recognized national organization, approved by the department, end insert begin insert establish procedures to administer the application, certification, renewal, and disciplinary processes for a drug and alcohol free residence, and investigate and enforce violations by a residence of the organization’s end insert begin insert code of conduct, as provided. The bill would specify the information and documentation that an operator who seeks to have a residence certified is required to submit to an approved certifying organization. end insert

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This bill would require the department to maintain and post on its Internet Web site a registry that contains specified information regarding each drug and alcohol free residence that has been certified or has had its certification revoked. The bill would deem the activities of a certified drug and alcohol free residence a residential use of property under specified circumstances, and would limit referral of persons who are required to reside in a sober living environment, as specified, to certified drug and alcohol free residences.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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)  begin insert (1) end insert begin insert   end insert For purposes of this begin delete chapter, “sober living
home” end delete begin insert section, “drug and alcohol free residence” end insert means a
residential property that begin insert has been certified by an approved
certifying agency pursuant to subdivision (c) and end insert is operated as a
cooperative living arrangement to provide an begin delete alcohol- end delete begin insert alcohol end insert and
begin delete drug-free end delete begin insert drug free end insert 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:

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(1)  Residents of the facility,

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begin insert (A) end insert begin insert   end insert begin insert Residents, end insert including live-in managers, operators, or owners,
are living a sober lifestyle.

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(2)

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begin insert ( end insert begin insert B) end insert  Residents actively participate in legitimate begin delete programs, end delete
begin insert programs of recovery from substance use disorder, end insert including, but
not limited to, Alcoholics Anonymous or Narcotics Anonymous
programs.

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(3)

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begin insert ( end insert begin insert C end insert begin insert ) end insert  Within the begin delete 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. end delete begin insert drug and alcohol free residence, a resident who has
been referred to, and has access to, ongoing outpatient treatment,
aftercare, or other recovery maintenance services continues to
use these services in accordance with a clinically managed system
of care if one exists for the resident. end insert

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(4)

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begin insert ( end insert begin insert D end insert begin insert ) end insert  Owners, managers, operators, and residents observe and
promote a zero tolerance policy regarding the consumption or
possession of alcohol or controlled begin delete 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. end delete begin insert substances
being used in any manner not consistent with a documented
prescription. end insert

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(5) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local laws.

end delete begin delete

(b) (1)

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begin insert (2) end insert  A residence begin delete housing those purporting end delete begin insert that houses persons
who purport end insert to be recovering from drug and alcohol abuse shall
be presumed to be a begin delete sober living home end delete begin insert drug and alcohol free
residence end insert if the residence has been begin delete certified, registered, or approved
by a state-recognized nonprofit organization that provides a
credible quality assurance service for applicants or members. end delete

begin insert certified by an approved certifying organization. end insert

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(2) The state-recognized nonprofit organization shall establish
minimum standards for all of the following:

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(A) Protocols to address suspected drug and alcohol abuse.

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(B) Protocols to report the death of a resident.

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(C) Basic first aid and CPR training.

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(3) If a residence is certified pursuant to this section within 90
days of beginning its operations, the activities at that residence
shall be deemed a residential use of property and a use of property
by a single family.

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(b) For purposes of this section the following definitions apply:

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(1) “Approved certifying organization” means an organization
approved by the department to register a residence as a drug and
alcohol free residence pursuant to this section.

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(2) “Approved national organization” means a recognized
national organization, approved by the department, the primary
function of which is to improve access to, and the quality of, drug
and alcohol recovery residences through standards, education,
research, and advocacy.

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(c) An approved certifying organization shall do all of the
following:

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(1) Maintain an office in the state.

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(2) Maintain nonprofit status in the state.

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(3) Be an affiliate of, and continuously maintain affiliation with,
an approved national organization.

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(4) Maintain the most current standards published by the
approved national organization.

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(5) Document that the organization actively develops and
confers professional, residential, or organizational quality
designations according to applicable nationally recognized
standards.

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(6) Establish drug and alcohol free residence certification
requirements.

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(7) Establish procedures to administer the application,
certification, renewal, and disciplinary processes for a drug and
alcohol free residence.

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(8) Inspect, at least annually, a drug and alcohol free residence
to ensure compliance with certification requirements.

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(9) Submit, to the department and the operator of a residence
that the organization certifies, a written code of conduct for a drug
and alcohol free residence that incorporates national standards
for legal and ethical conduct for recovery residences.

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(10) Submit to the department and the operator of a drug and
alcohol free residence disciplinary guidelines that include
sanctions for first and subsequent violations of the organization’s
code of conduct that allows the drug and alcohol free residence
notice and opportunity to correct a violation and requires the
approved certifying organization to revoke the certification of the
residence if the required corrective action is not completed within
the specified time period.

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(11) Respond to and investigate suspected violations of the
organization’s code of conduct.

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(12) Require an operator who seeks to have a residence certified
to submit all of the following documents with the operator’s
completed application and fee:

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(A) Procedures and requirements for verifying that a resident
remains drug and alcohol free.

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(B) A prohibition on the premises against alcohol, illegal drugs,
or the use of prescribed medications by an individual except as
prescribed by a physician and used in accordance with the
prescription.

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(C) Policies to support a resident’s recovery efforts.

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(D) A good neighbor policy to address neighborhood concerns
and complaints.

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(E) A policy for informing local government officials and
neighbors about the approved certification organization’s
complaint procedures, the contact number of the operator of the
residence, and a contact number of a minimum of one resident
assigned with the responsibility of mitigating a complaint.

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(F) Rules for a resident, copies of forms provided to a resident,
relapse policy, fee and refund policies, and eviction procedures
and policies.

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(G) Proof that the operator of the residence has completed a
minimum of 10 hours of alcohol and drug free program
management education approved by the approved certifying
organization.

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(H) Proof that a minimum of one resident has received
certification approved by the approved certifying organization.
Certification shall include, at a minimum, the following subjects:
ethics, health and safety topics related to addiction recovery and
maintenance, and emergency planning procedures.

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(13) (A) Review the registry posted on the department’s Internet
Web site pursuant to subdivision (i) to determine whether the
residence that the operator has applied to have certified has had
a previous certification revoked or the operator submitting the
application for certification has operated a residence for which a
previous certification has been revoked.

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(B) Deny an application for certification if the residence address
or operator name in the application is listed on the registry and
satisfies the conditions described in subparagraph (A), and send
the applicant a written notice of denial of certification.

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(d) The department shall adopt application procedures and
standards of approval for an organization that seeks to be approved
by the department as an approved certifying organization.

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(e) The department shall adopt application procedures and
standards of approval for an organization that seeks to be approved
by the department as an approved national organization.

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(f) (1) The department may conduct periodic reviews of an
approved certifying organization to determine whether the
organization is in compliance with all applicable laws.

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(2) The department may revoke approval of an approved
certifying organization if the organization does any of the
following:

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(A) Ceases to be affiliated with the approved national
organization.

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(B) Fails to perform any of the duties imposed by subdivision
(c).

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(C) Refuses to comply with sanctions imposed by the department.

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(D) Discontinues certifying drug and alcohol free residences.

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(g) (1) The department may investigate complaints it receives
regarding a drug and alcohol free residence independently or in
conjunction with the approved certifying organization.

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(2) The department may impose sanctions and commence
disciplinary actions, including revoking the certification of a
residence as a drug and alcohol free residence.

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(h) A city, county, city and county, or local law enforcement
agency that suspects that a drug and alcohol residence is not
operating in compliance with the residence’s code of conduct may
request the department to revoke the certification of that residence.

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(i) The department shall maintain and post on its Internet Web
site a registry containing all of the following information:

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(1) The street address and the name and contact telephone
number of the operator of each residence that has been certified
as a drug and alcohol free residence pursuant to this section.

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(2) The street address of each residence that has had its
certification revoked.

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(3) The name of each operator of a residence that has had its
certification revoked.

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(j) On and after January 1, 2018, a state agency,
state-contracted vendor, county agency, or county-contracted
vendor that directs substance abuse treatment, or a judge or parole
board that sets terms and conditions for the release, parole, or
discharge of a person from custody, if it requires a person to reside
in a sober living environment, shall refer that person only to a
residence listed as a certified drug and alcohol free residence on
the registry posted on the department’s Internet Web site.

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