AB 2491, as amended, Nestande. Alcohol and drug abuse treatment facilities: sober living homes.
Under existing law, the State Department of Health Care Services is responsible for licensing and certifying alcoholism and drug abuse recovery and treatment programs and facilities, as defined, including both residential and nonresidential programs.
This bill would provide that a sober living home, as defined, is exempt from licensure under these provisions. The bill also would provide thatbegin delete aend delete residence housingbegin delete thoseend deletebegin insert individualsend insert purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home if it has been certified, registered, or
approved by a recognized nonprofit organization that provides a credible quality assurance service for applicants or members, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11834.255 is added to the Health and
2Safety Code, to read:
(a) The purpose of this section is to provide a
4definition of a “sober living home” so as to give both those
5purporting to operate these facilities and local code and law
6enforcement agencies the ability to determine whether residences
7housing former drug and alcohol abusers are exempt from local
8regulation or exercise of local police powers. A sober living home,
9as defined in this section, shall be exempt from licensure under
10Chapter 7.5 (commencing with Section 11834.01).
11(b) For purposes of this chapter, “sober living home” means a
12residential property that is operated as a cooperative living
13arrangement to provide an alcohol- and drug-free environment for
14
persons recovering from alcoholism or drug abuse, or both, who
15seek a living environment in which to remain clean and sober, and
16that satisfies all of the following requirements:
17(1) Residents of the facility, including live-in managers,
18operators, or owners, are living a sober lifestyle.
19(2) Residents actively participate in legitimate recovery
20programs, including, but not limited to, outpatient treatment,
2112-step recovery, and other recognized programs of recovery, and
22maintain current records of meeting attendance.
23(3) Owners, managers, operators, and residents observe and
24promote a zero-tolerance policy regarding the consumption or
25possession of alcohol or controlled substances, except for
26prescription medications
obtained and usedbegin delete under direct medical begin insert as prescribed by a medical professional.end insert The
27supervision.end delete
28observation and promotion of this policy may take into account
29demonstrable efforts made by residents to respond to, and prevent
30additional violations of, the policy.
31(4) Owners, managers, operators, and residents do not provide
32onsite any of the following services, as they are defined in
33subdivision (a) of Section 10501 of Title 9 of the California Code
34of Regulations:
35(A) Detoxification.
36(B) Educational counseling.
37(C) Individual or group counseling sessions.
38(D) Treatment or recovery planning.
P3 1(5) The number of residents who are subject to the sex offender
2registration requirements of Section 290 of the Penal Code does
3not exceed the limit set forth in Section 3003.5 of the Penal Code
4and does not violate the distance provisions set forth in Section
53003 of the Penal Code.
6(6) Residents do not require nonmedical care or supervision, as
7those terms are defined in Section 1503.5 and in Title 22 of the
8California Code of Regulations.
9(7) Owners, managers, operators, and residents ensure that the
10property and its
use comply with applicable state and local law.
11(c) A residence housingbegin delete thoseend deletebegin insert individualsend insert purporting to be
12recovering from drug and alcohol abuse shall be presumed to be
13a sober living home if the residence has been certified, registered,
14or approved by a recognized nonprofit organization that provides
15a credible quality assurance service for applicants or members.
16The recognized nonprofit organization should establish minimum
17standards for protocols to address suspected drug and alcohol
18abuse, protocols to report the death of a resident, and basic first
19aid and CPR training.
20(d) This section shall not be
construed to prohibit minor children
21who are dependents of a resident of the facility from also residing
22in the facility.
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