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SB-1317 Substance abuse: residential treatment facilities.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
SB1317:v96#DOCUMENT

Amended  IN  Senate  April 16, 2018
Amended  IN  Senate  April 10, 2018
Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1317

Introduced by Senator Portantino
(Principal coauthor: Senator Bates)

February 16, 2018

An act to add Chapter 5 (commencing with Section 11759.70) to Part 1 of Division 10.5 of Section 11834.315 to the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 1317, as amended, Portantino. Substance abuse: structured sober living homes. residential treatment facilities.
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. Existing regulations authorize a person to request the department to inspect a facility. Existing law requires the department to investigate complaints, such as an allegation that a facility is operating without a license.
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. 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. require the department, no later than January 1, 2020, to develop specified guidelines on the manner in which to report to the Legislature about unlicensed residential alcoholism or drug abuse recovery or treatment facilities. The bill would require the guidelines to address certain topics, including, among others, methods for determining whether complaints received by the department regarding unlicensed facilities in communities are substantiated or unsubstantiated. The bill would require the department, no later than January 1, 2021, to complete and submit a report, using those guidelines, to the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 11834.315 is added to the Health and Safety Code, to read:

11834.315.
 (a) (1) No later than January 1, 2020, the State Department of Health Care Services shall develop guidelines, in consultation with the County Behavioral Health Directors Association of California, addiction medicine specialists, substance use disorder recovery or treatment providers, disability rights representatives, and other interested stakeholders, on the manner in which to report to the Legislature about facilities alleged to be in violation of Section 11834.30. The guidelines shall address, at a minimum, all of the following:
(A) Methods for determining whether complaints received by the department are substantiated or unsubstantiated, and methods for addressing those complaints.
(B) Methods for determining statewide capacity of residential treatment facilities and making recommendations on the manner in which to address the impact on surrounding communities.
(C) Methods for identifying and mitigating barriers to siting residential care facilities in communities.
(2) The department shall post the guidelines developed pursuant to paragraph (1) on its Internet Web site.
(b) (1) (A) The department shall, no later than January 1, 2021, complete and submit a report to the Legislature, using the guidelines developed pursuant to subdivision (a), regarding its findings. If the department does not complete the report by January 1, 2021, the department shall provide an update to the Legislature and a timeline for when the report is expected to be completed.
(B) The report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(2) The department shall post the completed report on its Internet Web site.

SECTION 1.Chapter 5 (commencing with Section 11759.70) is added to Part 1 of Division 10.5 of the Health and Safety Code, to read:
5.Structured Sober Living Homes
11759.70.

(a)(1)For the purposes of this chapter, “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 dwelling in which an individual related to another person living in the home is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the dwelling.

(b) A structured sober living home registered pursuant to an ordinance adopted under this chapter is not subject to state licensure and regulation as an alcoholism or drug abuse recovery or treatment facility. This chapter 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 this chapter to provide any service for which a license is required by state law.

11759.71.

(a)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.). The ordinance shall include, but need not be limited to, mandatory registration requirements for all structured sober living homes to ensure that the residents are living in a safe environment. The registration requirements shall be submitted to the city, county, or city and county no less than 30 days prior to opening, and at a minimum, shall include the following:

(1)Written notice of a facility’s intent to operate.

(2)The address of the facility.

(3)The property owner’s name and contact information.

(4)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.

(5)A parking plan for the residents of the facility. If the property upon which the facility is situated is governed by a home owners association, the parking plan shall include that information required by the home owners association.

(6)A list of the number of bedrooms and restrooms at the facility.

(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.

11759.72.

This chapter shall not be interpreted to require the adoption of a structured sober living home ordinance by any city, county, or city and county. The authority granted to a city, county, or city and county to adopt an ordinance under this chapter shall be in addition to any other authority that may be exercised by the city, county, or city and county to regulate the use of property within its jurisdiction.