SB 1283, as amended, Bates. Substance abuse: structured sober living homes.
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 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.begin insert The bill would provide that it does not establish a new category of state-licensed facility, or otherwise authorize a structured sober living home registered pursuant to an ordinance adopted under the bill to provide any service for which a license is required by state law.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 5 (commencing with Section 11759.70)
2is added to Part 1 of Division 10.5 of the Health and Safety Code,
3to read:
4
(a) (1) For the purposes of this section, “structured
8sober living home” means any premises, place, or building that
9provides alcohol-free or drug-free housing, promotes independent
10living and life skill development, and provides structured activities
11that are directed primarily toward recovery from substance use
12disorders in a supervised setting to a group of unrelated adults who
13are recovering from drug or alcohol addiction, and who are
14receiving outpatient behavioral health services for substance abuse
15or addiction treatment while living in the home.
16(2) “Structured sober living home” does not include a private
17residence in which a related
family member is required to receive
18outpatient behavioral health services for substance abuse or
19addiction treatment as a condition of continuing to reside in the
20family dwelling.
21(b) A structured sober living home registered pursuant tobegin delete thisend delete
22begin deletesectionend deletebegin insert an ordinance adopted under this chapterend insert is not subject to
23state licensure and regulation as an alcoholism or drug abuse
24recovery or treatment facility.begin insert This chapter does not establish a
25new category of state-licensed facility, or otherwise authorize a
26structured sober living home registered
pursuant to an ordinance
27adopted under this chapter to provide any service for which a
28license is required by state law.end insert
(a) In accordance with this section, a city, county,
30or city and county may adopt by ordinance health and safety
P3 1standards and enforcement mechanisms for structured sober living
2homes that comply with state and federal housing laws and the
3federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
412101 et seq.) and amendments thereto. The ordinance shall
5include, but need not be limited to, all of the following:
6(1) Mandatory registration requirements for all structured sober
7living homes, to ensure that the residents are living in a safe
8environment. The registration requirements, at a minimum, shall
9include the following:
10(A) The name and address of the structured sober living home.
11(B) The following information regarding the property:
12(i) begin deleteIf the property is owned, theend deletebegin insert The propertyend insert owner’s name,
13address, and contact telephone number.
14(ii) If the property is leased, a copy of the lease, that includes a
15statement that the property will be used as a structured sober living
16home.
17(2) In-home supervision requirements for the residents of the
18structured sober
living home during all hours of operation.
19(3) The establishment and maintenance of an operation plan
20that facilitates the rehabilitative process, including discharge
21planning, and that addresses maintenance of the property and noise
22abatement consistent with local ordinances.
23(b) A city, county, or city and county that adopts health and
24safety standards and enforcement mechanisms for structured sober
25living homes pursuant to subdivision (a) may exclude from
26regulation any structured sober living home that is subject to
27adequate oversight by another governmental entity or contractor
28that meets or exceeds the requirements of this chapter.
This chapter shall not be interpreted to require the
30adoption of a structured sober living home ordinance by any city,
31county, or city and county. The authority granted to a city, county,
32or city and county to adopt an ordinance under this chapter shall
33be in addition to any other authority that may be exercised by the
34city, county, or city and county to regulate the use of property
35within its jurisdiction.
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