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SB-1087 Substance use disorder recovery homes: fire safety.(2019-2020)

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Date Published: 04/01/2020 09:00 PM
SB1087:v98#DOCUMENT

Amended  IN  Senate  April 01, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1087


Introduced by Senator Moorlach

February 19, 2020


An act to amend Section 11831.65 of the Health and Safety Code, relating to alcohol and drug programs. An act to add Section 11831.651 to the Health and Safety Code, relating to substance use disorder.


LEGISLATIVE COUNSEL'S DIGEST


SB 1087, as amended, Moorlach. Laboratory or certified outpatient treatment program: housing. Substance use disorder recovery homes: fire safety.
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires a program licensed or certified by the department to disclose ownership or control of, or financial interest in, a recovery residence. Existing law defines a recovery residence for this purpose to include a residential dwelling commonly referred to as a sober living home.
This bill would require a recovery residence to have at least one fire extinguisher and smoke alarms within specified areas of the recovery residence.

Existing law requires the State Department of Health Care Services to implement a voluntary certification program for alcohol and other drug treatment recovery services. Existing law requires a laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to individuals who concurrently utilize laboratory or outpatient services to maintain separate contracts for the housing that contain specific contractual provisions.

This bill would make technical, nonsubstantive changes to the requirement to maintain separate contracts for the housing.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 11831.651 is added to the Health and Safety Code, immediately following Section 11831.65, to read:

11831.651.
 (a) A recovery residence shall have all of the following:
(1) At least one fire extinguisher in a location that is accessible to all residents and guests of the recovery residence.
(2) A smoke alarm within each room where an individual is able to sleep or eat, including, but not limited to, a bedroom, kitchen, dining room, or living room.
(b) For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for six or less individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.”

SECTION 1.Section 11831.65 of the Health and Safety Code is amended to read:
11831.65.

(a)A laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to an individual who concurrently utilizes laboratory or outpatient services shall maintain separate contracts for the housing. The contract shall clearly state that payment for housing is the responsibility of the individual and does not depend on insurance benefits. The contract shall include a repayment plan for any subsidized rent, and the laboratory or certified outpatient treatment program shall make a good faith effort to collect the debt. The offer for housing shall not depend on the individual’s agreement to receive services from either the laboratory or the certified outpatient treatment program.

(b)An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer an individual discounted housing following discharge from the facility if all of the following conditions are met:

(1)The alcoholism or drug abuse recovery or treatment facility and the individual enter into a written contract for housing that is separate from the contract for treatment, if the individual also pursues outpatient treatment.

(2)The contract described in paragraph (1) includes a repayment plan for any subsidized rent, and the alcoholism or drug abuse recovery or treatment facility makes a good faith effort to collect the debt.

(3)The offer for housing is not dependent upon the individual’s agreement to attend outpatient treatment at a program that is owned or operated by the alcoholism or drug abuse recovery or treatment facility.

(c)An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer transportation services to an individual who is seeking recovery or treatment services if all of the following conditions are met:

(1)Any ground transportation provided to an individual who is seeking recovery or treatment services is for a distance of less than 125 miles.

(2)Any air transportation provided to an individual who is seeking recovery or treatment services includes a return ticket that may be used by the individual upon discharge.

(3)A return ticket not used by an individual upon discharge is made available to the individual upon request for a period of one year following the individual’s discharge.

(d)This section does not prohibit a person, program, or entity from providing an individual educational or informational materials about community resources, including, but not limited to, housing assistance.