AB 2255, as amended, Melendez. 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, among other things, define a “drug and alcohol free residence” as a residential property thatbegin delete meets specified requirements and has beenend deletebegin insert 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. The bill would provide that a drug and alcohol free residence may beend insert 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 persons who purport to be recovering from drug or alcohol abuse would be presumed to be a drug and alcohol free residence if the residence has been certified by an approved certifying organization. The bill would require an approved certifyingbegin delete organization, toend deletebegin insert organization to,end insert 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 specifiedbegin delete 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.end deletebegin insert
circumstances.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11834.19 is added to the Health and
2Safety Code, to read:
(a) (1) For purposes of this section, “drug and
4alcohol free residence” means a residential property thatbegin delete has been is operated as a cooperative living arrangement to provide
5certified by an approved certifying agency pursuant to subdivision
6(c) andend delete
7an alcohol and drug free environment for persons recovering from
8alcoholism or drug abuse, or both, who seek a living environment
9in which to remain clean andbegin delete sober, and that satisfies all of the begin insert sober.end insert
10following requirements:end delete
11
(2) A drug and alcohol free residence may be certified by an
12approved certifying organization pursuant to subdivision (c).
13
(3) A certified drug and alcohol free residence shall satisfy all
14of the following requirements:
P3 1(A) Residents, including live-in managers, operators, or owners,
2arebegin delete living a sober lifestyle.end deletebegin insert drug and alcohol free.end insert
3(B) Residents actively participate in legitimate programs of
4recovery from substance use disorder,
including, but not limited
5to, Alcoholics Anonymous or Narcotics Anonymous programs.
6(C) Within the drug and alcohol free residence, a resident who
7has been referred to, and has access to, ongoing outpatient
8treatment, aftercare, or other recovery maintenance services
9continues to use these services in accordance with a clinically
10managed system of care if one exists for the resident.
11(D) Owners, managers, operators, and residents observe and
12promote a zero tolerance policy regarding the consumption or
13possession of alcohol or controlled
substances being used in any
14manner not consistent with a documented prescription.
15(2)
end delete
16begin insert(4)end insert A residence that houses persons who purport to be recovering
17from drug and alcohol abuse shall be presumed to be a drug and
18alcohol free residence if the residence has been certified by an
19approved certifying organization.
20(3)
end delete
21begin insert(5)end insert If a residence is certified pursuant to this section within 90
22days of beginning its operations, the activities at that residence
23shall be deemed a residential use of property and a use of property
24by a singlebegin delete family.end deletebegin insert family, pursuant to Article 2 (commencing with
25Section 11834.20).end insert
26(b) For purposes of this section the following definitions apply:
27(1) “Approved certifying organization” means an organization
28approved by the department to register a residence as a drug and
29alcohol free residence pursuant to this section.
30(2) “Approved national organization”
means a recognized
31national organization, approved by the department, the primary
32function of which is to improve access to, and the quality of, drug
33and alcohol recovery residences through standards, education,
34research, and advocacy.
35(c) An approved certifying organization shall do all of the
36following:
37(1) Maintain an office in the state.
38(2) Maintain nonprofit status in the state.
39(3) Be an affiliate of, and continuously maintain affiliation with,
40an approved national organization.
P4 1(4) Maintain the most current standards published by the
2approved national organization.
3(5) Document that the organization actively develops and confers
4professional, residential, or organizational quality designations
5according to applicable nationally recognized standards.
6(6) Establish drug and alcohol free residence certification
7requirements.
8(7) Establish procedures to administer the application,
9certification, renewal, and disciplinary processes for a drug and
10alcohol free residence.
11(8) Inspect, at least annually, a drug and alcohol free residence
12to ensure compliance with certification requirements.
13(9) Submit, to the department and the operator of a residence
14that
the organization certifies, a written code of conduct for a drug
15and alcohol free residence that incorporates national standards for
16legal and ethical conduct for recovery residences.
17(10) Submit to the department and the operator of a drug and
18alcohol free residence disciplinary guidelines that include sanctions
19for first and subsequent violations of the organization’s code of
20conduct that allows the drug and alcohol free residence notice and
21opportunity to correct a violation and requires the approved
22certifying organization to revoke the certification of the residence
23if the required corrective action is not completed within the
24specified time period.
25(11) Respond to and investigate suspected violations of the
26organization’s code of conduct.
27(12) Require an operator who seeks to have a residence certified
28to submit all of the following documents with the operator’s
29completed application and fee:
30(A) Procedures and requirements for verifying that a resident
31remains drug and alcohol free.
32(B) A prohibition on the premises against alcohol, illegal drugs,
33or the use of prescribed medications by an individual except as
34prescribed by a physician and used in accordance with the
35prescription.
36(C) Policies to support a resident’s recovery efforts.
37(D) A good neighbor policy to address neighborhood concerns
38and complaints.
39(E) A policy for informing local government officials and
40neighbors about the approved certification organization’s complaint
P5 1procedures, the contact number of the operator of the residence,
2and a contact number of a minimum of one resident assigned with
3the responsibility of mitigating a complaint.
4(F) Rules for a resident, copies of forms provided to a resident,
5relapse policy, fee and refund policies, and eviction procedures
6and policies.
7(G) Proof that the operator of the residence has completed a
8minimum of 10 hours of alcohol and drug free program
9management education approved by the approved certifying
10organization.
11(H) Proof that a minimum of one
resident has received
12certification approved by the approved certifying organization.
13Certification shall include, at a minimum, the following subjects:
14ethics, health and safety topics related to addiction recovery and
15maintenance, and emergency planning procedures.
16(13) (A) Review the registry posted on the department’s Internet
17Web site pursuant to subdivision (i) to determine whether the
18residence that the operator has applied to have certified has had a
19previous certification revoked or the operator submitting the
20application for certification has operated a residence for which a
21previous certification has been revoked.
22(B) Deny an application for certification if the residence address
23or operator name in the application is listed on the registry and
24satisfies
the conditions described in subparagraph (A), and send
25the applicant a written notice of denial of certification.
26(d) The department shall adopt application procedures and
27standards of approval for an organization that seeks to be approved
28by the department as an approved certifying organization.
29(e) The department shall adopt application procedures and
30standards of approval for an organization that seeks to be approved
31by the department as an approved national organization.
32(f) (1) The department may conduct periodic reviews of an
33approved certifying organization to determine whether the
34organization is in compliance with all applicable laws.
35(2) The department may revoke approval of an approved
36certifying organization if the organization does any of the
37following:
38(A) Ceases to be affiliated with the approved national
39organization.
P6 1(B) Fails to perform any of the duties imposed by subdivision
2(c).
3(C) Refuses to comply with sanctions imposed by the
4department.
5(D) Discontinues certifying drug and alcohol free residences.
6(g) (1) The department may investigate complaints it receives
7regarding a drug and alcohol free residence independently or in
8conjunction with the approved certifying organization.
9(2) The department may impose sanctions and commence
10disciplinary actions, including revoking the certification of a
11residence as a drug and alcohol free residence.
12(h) A city, county, city and county, or local law enforcement
13agency that suspects that a drug and alcohol residence is not
14operating in compliance with the residence’s code of conduct may
15request the department to revoke the certification of that residence.
16(i) The department shall maintain and post on its Internet Web
17site a registry containing all of the following information:
18(1) The street address and the name and contact telephone
19number of the operator of each residence that has been certified
20as
a drug and alcohol free residence pursuant to this section.
21(2) The street address of each residence that has had its
22certification revoked.
23(3) The name of each operator of a residence that has had its
24certification revoked.
25(j) On and after January 1, 2018, a state agency, state-contracted
26vendor, county agency, or county-contracted vendor that directs
27substance abuse treatment, or a judge or parole board that sets
28terms and conditions for the release, parole, or discharge of a
29person from custody, if it requires a person to reside in a sober
30living environment, shall refer that person only to a residence listed
31as a certified drug and alcohol free residence on the registry posted
32on the department’s Internet Web site.
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