Amended in Senate April 4, 2016

Senate Bill No. 1283

Introduced by Senator Bates

(Principal coauthor: Assembly Member Brough)

February 19, 2016

An act to begin delete amend Sections 11834.01, 11834.02, 11834.09, 11834.10, 11834.15, 11834.17, 11834.18, 11834.20, 11834.21, 11834.22, 11834.23, 11834.24, 11834.25, 11834.26, 11834.29, 11834.30, 11834.31, 11834.32, 11834.36, and 11834.50 of, and to add Sections 11834.11 and 11834.265 to, end delete begin insert add Chapter 5 (commencing with Section 11759.70) to Part 1 of Division 10.5 of end insert the Health and Safety Code, relating to substance abuse.

LEGISLATIVE COUNSEL’S DIGEST

SB 1283, as amended, Bates. Substance abuse: begin delete adult recovery maintenance facilities. end delete begin insert structured sober living homes. end insert

Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed.

This bill would begin delete also require the department to administer the licensure and regulation of adult recovery maintenance facilities, as defined, pursuant to those provisions. The bill would establish licensure fees for purposes of administering these provisions. The bill would make conforming changes. end delete begin insert authorize a city, county, or city and county to enact an ordinance to register structured sober living homes, consistent with specified state and federal law, and with specified exclusions. The bill would define a structured sober living home as any premises, place, or building that provides groups of unrelated adults recovering from drug or alcohol addiction with alcohol-free and drug-free housing, promotes independent living and life skill development, and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting. The bill would specify registration and other requirements applicable to structured sober living homes. A structured sober living home, as defined by and registered pursuant to the bill, would not be subject to existing state licensure and regulation requirements for alcoholism or drug abuse recovery or treatment facilities. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 5 (commencing with Section 11759.70)
is added to Part 1 of Division 10.5 of the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 5. end insert Structured Sober Living Homes

 

begin insert 11759.70. end insert   

(a) (1) For the purposes of this section, “structured
sober living home” means any premises, place, or building that
provides alcohol-free or drug-free housing, promotes independent
living and life skill development, and provides structured activities
that are directed primarily toward recovery from substance use
disorders in a supervised setting to a group of unrelated adults
who are recovering from drug or alcohol addiction, and who are
receiving outpatient behavioral health services for substance abuse
or addiction treatment while living in the home.

(2)  “Structured sober living home” does not include a private
residence in which a related family member is required to receive
outpatient behavioral health services for substance abuse or
addiction treatment as a condition of continuing to reside in the
family dwelling.

(b)  A structured sober living home registered pursuant to this
section is not subject to state licensure and regulation as an
alcoholism or drug abuse recovery or treatment facility.

begin insert 11759.71. end insert   

(a) In accordance with this section, a city, county,
or city and county may adopt by ordinance health and safety
standards and enforcement mechanisms for structured sober living
homes that comply with state and federal housing laws and the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) and amendments thereto. The ordinance shall
include, but need not be limited to, all of the following:

(1) Mandatory registration requirements for all structured sober
living homes, to ensure that the residents are living in a safe
environment. The registration requirements, at a minimum, shall
include the following:

(A) The name and address of the structured sober living home.

(B) The following information regarding the property:

(i) If the property is owned, the owner’s name, address, and
contact telephone number.

(ii) If the property is leased, a copy of the lease, that includes
a statement that the property will be used as a structured sober
living home.

(2) In-home supervision requirements for the residents of the
structured sober living home during all hours of operation.

(3)  The establishment and maintenance of an operation plan
that facilitates the rehabilitative process, including discharge
planning, and that addresses maintenance of the property and
noise abatement consistent with local ordinances.

(b) A city, county, or city and county that adopts health and
safety standards and enforcement mechanisms for structured sober
living homes pursuant to subdivision (a) may exclude from
regulation any structured sober living home that is subject to
adequate oversight by another governmental entity or contractor
that meets or exceeds the requirements of this chapter.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 19, 2016. (JR11)