BILL NUMBER: AB 2255	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Melendez
   (Principal coauthor: Assembly Member Brough)
   (   Coauthor:   Assembly Member  
Harper   ) 
    (   Coauthor:   Senator   Bates
  ) 

                        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.  Sober living homes.
  Drug and alcohol free residences. 
   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  adult 
alcoholism and drug abuse recovery and treatment facilities for
adults.
   This bill  would   would, among other things,
 define a  "sober living home"   "drug and
alcohol free residence   "  as a residential property
that meets specified  requirements.  
requirements and has been certified by an organization approved by
the State Department of Health Care Services, defined as "an approved
certifying agency.  "  The bill would provide that a
residence housing  those purporting   persons
who purport  to be recovering from drug or alcohol abuse would
be presumed to be a  sober living home   drug
and alcohol free residence  if  it   the
residence  has been  certified, registered, or approved
by a state-recognized nonprofit   organization.
  certified by an approved certifying 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.   an approved certifying
organization, to among other things, maintain an affiliation with a
recognized national organization, approved by the department, 
 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   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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)  (1)    For purposes of this
 chapter, "sober living home"   section, "drug
and alcohol free residence"  means a residential property that
 has been certified by an approved certifying agency pursuant to
subdivision (c) and  is operated as a cooperative living
arrangement to provide an  alcohol-   alcohol
 and  drug-free   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, 
      (A)     Residents, 
including live-in managers, operators, or owners, are living a sober
lifestyle. 
   (2) 
    (   B)  Residents actively participate in
legitimate  programs,   programs of recovery
from substance use disorder,  including, but not limited to,
Alcoholics Anonymous or Narcotics Anonymous programs. 
   (3) 
    (   C   )  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.   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.  
   (4) 
    (   D   )  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.   substances being used in any manner not
consistent with a documented prescription.  
   (5) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local laws.
 
   (b) (1) 
    (2)  A residence  housing those purporting
  that houses persons who purport  to be recovering
from drug and alcohol abuse shall be presumed to be a  sober
living home   drug and alcohol free residence  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.  
certified by an approved certifying organization.  
   (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.  
   (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.  
   (b) For purposes of this section the following definitions apply:
 
   (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.  
   (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.  
   (c) An approved certifying organization shall do all of the
following:  
   (1) Maintain an office in the state.  
   (2) Maintain nonprofit status in the state.  
   (3) Be an affiliate of, and continuously maintain affiliation
with, an approved national organization.  
   (4) Maintain the most current standards published by the approved
national organization.  
   (5) Document that the organization actively develops and confers
professional, residential, or organizational quality designations
according to applicable nationally recognized standards.  
   (6) Establish drug and alcohol free residence certification
requirements.  
   (7) Establish procedures to administer the application,
certification, renewal, and disciplinary processes for a drug and
alcohol free residence.  
   (8) Inspect, at least annually, a drug and alcohol free residence
to ensure compliance with certification requirements.  
   (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.  
   (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.  
   (11) Respond to and investigate suspected violations of the
organization's code of conduct.  
   (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:  
   (A) Procedures and requirements for verifying that a resident
remains drug and alcohol free.  
   (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.  
   (C) Policies to support a resident's recovery efforts.  
   (D) A good neighbor policy to address neighborhood concerns and
complaints.  
   (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.  
   (F) Rules for a resident, copies of forms provided to a resident,
relapse policy, fee and refund policies, and eviction procedures and
policies.  
   (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. 

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

   (A) Ceases to be affiliated with the approved national
organization.  
   (B) Fails to perform any of the duties imposed by subdivision (c).
 
   (C) Refuses to comply with sanctions imposed by the department.
 
   (D) Discontinues certifying drug and alcohol free residences.
 
   (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.  
   (2) The department may impose sanctions and commence disciplinary
actions, including revoking the certification of a residence as a
drug and alcohol free residence.  
   (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.
 
   (i) The department shall maintain and post on its Internet Web
site a registry containing all of the following information: 

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