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SB-34 Residential treatment facilities.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
SB34:v96#DOCUMENT

Amended  IN  Senate  April 20, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 34


Introduced by Senator Bates
(Coauthor: Assembly Member Brough)

December 05, 2016


An act to amend Section 11834.26 of, and to add Sections 11834.028 and 11834.33 to, add Section 11834.095 to the Health and Safety Code, relating to residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 34, as amended, Bates. Residential treatment facilities.
Existing law, the California Community Care Facilities Act (the act), provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor.
Existing law regulates alcoholism or drug abuse recovery or treatment facilities to provide recovery, treatment, or detoxification services within this state and makes the State Department of Health Care Services the sole authority in state government to license those facilities.

This bill would make a person who violates the laws governing the licensing of these facilities guilty of a misdemeanor and subject to punishment by a fine not to exceed $1,000, or by imprisonment in the county jail for a period not to exceed 180 days, or by both that fine and imprisonment. The bill would also require the district attorney of every county and the city attorney of every city, upon their own initiative or upon application by the state department or its authorized representative, to institute and conduct the prosecution of an action for a violation that occurs within their county or city. By creating new crimes, and by imposing additional duties on local employees, the bill would impose a state-mandated local program.

The bill would describe recovery and treatment services, for purposes of the requirement that a licensee provide at least one of specified nonmedical services, to include providing group or individual counseling to a resident or supervising or managing a resident’s schedule, among other services.

The bill would authorize a city or county to request denial of a license applied for on the basis of overconcentration of residential facilities. The bill would require the department to notify, in writing, at least 45 days prior to approving an application for a new facility, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.

The bill would require the State Department of Health Care Services to conduct a study regarding the overconcentration of facilities, as specified, and to complete and submit the report to the Legislature on or before January 1, 2019.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The bill would require the State Department of Health Care Services to report to the Legislature, on or before January 1, 2019, regarding the effect of the concentration of residential alcoholism or drug abuse recovery or treatment facilities in a community on the health and recovery of residents of those facilities, as specified. The bill would also require, commencing January 1, 2019, the department to annually post on its Internet Web site information regarding the effect of the concentration of those facilities, including the number and nature of complaints submitted to the department regarding the concentration of those facilities and the findings of completed investigations by the department regarding the complaints.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 11834.095 is added to the Health and Safety Code, immediately following Section 11834.09, to read:

11834.095.
 (a) The State Department of Health Care Services shall report to the Legislature regarding the effect of the concentration of residential alcoholism or drug abuse recovery or treatment facilities in a community on the health and recovery of residents of those facilities. If the department determines that the concentration of residential alcoholism or drug abuse recovery or treatment facilities has a negative effect on the residents of the facilities, the report shall provide recommendations on how to mitigate the effect and address the concentration of those facilities. The report shall be completed and submitted to the Legislature on or before January 1, 2019.
(b) Commencing January 1, 2019, the department shall annually post all of the following information on its Internet Web site:
(1) The number and nature of complaints submitted to the department regarding the concentration of residential alcoholism or drug abuse recovery or treatment facilities.
(2) The findings of completed investigations by the department regarding the complaints described in paragraph (1).
(3) The methods used by the department to investigate the complaints described in paragraph (1).
(4) The efforts taken by the department to mitigate the negative effects, if any, on the residents of residential alcoholism or drug abuse recovery or treatment facilities.
(c) The report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 11834.028 is added to the Health and Safety Code, to read:
11834.028.

(a)The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new facility license if the department determines that the location is in a proximity to an existing facility that would result in overconcentration.

(b)As used in this section, “overconcentration” means that if a new license is issued, there will be facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.

(c)At least 45 days prior to approving an application for a new facility, the department shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.

(d)Any city or county may request denial of the license applied for on the basis of overconcentration of residential facilities.

(e)This section does not authorize the department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing facility when the location of the facility does not change.

(f)(1)The State Department of Health Care Services shall conduct a study regarding the overconcentration of facilities, as described in this section, and the effect of the concentration of residential treatment facilities or sober living homes in a community on the health and recovery of the individuals in these homes and facilities. The study shall be completed and submitted to the Legislature on or before January 1, 2019.

(2)The study submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.Section 11834.26 of the Health and Safety Code is amended to read:
11834.26.

(a) The licensee shall provide at least one of the following nonmedical services:

(1) Recovery services.

(2) Treatment services.

(3) Detoxification services.

(b) The department shall adopt regulations requiring records and procedures that are appropriate for each of the services specified in subdivision (a). The records and procedures may include all of the following:

(1) Admission criteria.

(2) Intake process.

(3) Assessments.

(4) Recovery, treatment, or detoxification planning.

(5) Referral.

(6) Documentation of provision of recovery, treatment, or detoxification services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or detoxification outcomes.

(c) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

(d)Examples of recovery and treatment services, for purposes of subdivision (a), include, but are not limited to, the following:

(1)Providing group or individual counseling or physical, psychological, psychiatric, occupational, recreational, or mental-health therapy or treatment of any kind to a resident.

(2)Organizing or otherwise providing therapeutic activities for residents.

(3)Providing recovery-education sessions to residents.

(4)Supervising a resident’s physical access to food or drink.

(5)Providing meal or nutrition planning to a resident.

(6)Dictating or otherwise supervising a resident’s dietary intake.

(7)Preparing or providing food to a resident as part of a nutrition plan.

(8)Supervising or managing a resident’s schedule.

(9)Organizing and providing transportation for a resident.

(10)Arranging for a resident’s medical, dental, counseling, or therapy appointment.

(11)Referring a resident to outside therapy or other recovery-service provider.

(12)Making recovery or treatment plans with or for a resident.

(13)Monitoring a resident’s recovery or treatment.

(14)Establishing goals for a resident’s recovery or treatment.

SEC. 3.Section 11834.33 is added to the Health and Safety Code, to read:
11834.33.

(a)A person who violates this chapter, or who willfully or repeatedly violates any rule or regulation promulgated under this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed 180 days, or by both that fine and imprisonment.

(b)Notwithstanding any other provision of this chapter, the district attorney of every county and the city attorney of every city shall, upon their own initiative or upon application by the state department or its authorized representative, institute and conduct the prosecution of an action for a violation of this chapter that occurs within their county or city.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.