S T A T E   O F   N E W   Y O R K
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                                  8567

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             August 31, 2011
                               ___________

Introduced by M. of A. MURRAY -- read once and referred to the Committee
  on Alcoholism and Drug Abuse

AN  ACT  to amend the mental hygiene law, in relation to a pilot program
  in Suffolk county  regarding  recovery  homes  for  rehabilitation  of
  persons with chemical dependence; and providing for the repeal thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that there  is  a
significant  need for housing options for persons recovering from chemi-
cal dependence. One such option is the "recovery home" which is an unsu-
pervised, community-based group home for  persons  who  have  progressed
enough  in their recovery that they can live in the community, but still
require the support of others in a similar  situation.  The  legislature
further  finds  that  while  many  recovery homes are well run and offer
effective programs, some recovery homes are poorly-run and  cannot  only
be  injurious to the recovery of the occupants but also to the neighbor-
hoods in which the  homes  are  located.  The  legislature  has  further
learned  that there is a high concentration of poorly-run recovery homes
in Suffolk county, which have been the source of many problems in  local
communities.  The  legislature  therefore  finds that a pilot program to
study the provision of government oversight of recovery homes in Suffolk
county is needed to both protect the occupants  of  the  homes  and  the
communities in which they are located.
  S  2.  The mental hygiene law is amended by adding a new section 32.06
to read as follows:
S 32.06 SUFFOLK COUNTY PILOT PROGRAM.
  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN  COOPERATION
WITH  LOCAL MENTAL HYGIENE OFFICIALS, SHALL ESTABLISH A PILOT PROGRAM IN
SUFFOLK COUNTY FOR THE REGULATION, OPERATION AND OVERSIGHT  OF  RECOVERY
HOMES AND RECOVERY HOUSING IN SUFFOLK COUNTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13348-01-1

              

A. 8567                             2

  (A)  DEFINITION.  FOR THE PURPOSES OF THIS SECTION, "RECOVERY HOME" OR
"RECOVERY HOUSING" MEANS ANY HOME THAT IS AFFILIATED  WITH  A  TREATMENT
PROVIDER  LICENSED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE SERVICES
THAT DOES NOT PROVIDE TREATMENT BUT SETS BASIC GROUND  RULES  TO  ASSIST
WITH  THE  REHABILITATION  OF PERSONS WHO ARE ASSESSED OR DIAGNOSED WITH
CHEMICAL DEPENDENCE, AS DEFINED IN  SUBDIVISION  FORTY-FOUR  OF  SECTION
1.03 OF THIS CHAPTER.
  (B) REGISTRATION AND OPERATION. 1. NO INDIVIDUAL, PARTNERSHIP, ASSOCI-
ATION,  CORPORATION, LIMITED LIABILITY COMPANY, PUBLIC OR PRIVATE AGENCY
OR ANY PART THEREOF LOCATED IN SUFFOLK COUNTY SHALL HOLD ITSELF  OUT  TO
THE  PUBLIC  IN  A  MANNER  WHICH INDICATES, DIRECTLY OR INDIRECTLY, THE
AVAILABILITY OF RECOVERY HOME OCCUPANCY FOR PERSONS WHO ARE ASSESSED  OR
DIAGNOSED WITH CHEMICAL DEPENDENCE, AS DEFINED IN SUBDIVISION FORTY-FOUR
OF SECTION 1.03 OF THIS CHAPTER, UNLESS IT HAS OBTAINED A CERTIFICATE OF
REGISTRATION  FROM THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION.
  2. ALL APPLICATIONS FOR CERTIFICATES OF REGISTRATION SHALL BE  SUBMIT-
TED  IN  WRITING ON FORMS FURNISHED BY THE OFFICE. THE APPLICATION SHALL
BE IN A FORM AND CONTAIN SUCH DATA AS THE OFFICE SHALL PRESCRIBE  PURSU-
ANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER TO EFFECTU-
ATE THE PROVISIONS AND PURPOSES OF THIS SECTION.
  3. NO CERTIFICATE OF REGISTRATION SHALL BE ISSUED OR RENEWED UNTIL THE
COMMISSIONER  HAS DETERMINED THAT THE FOLLOWING CONDITIONS ARE SATISFAC-
TORILY MET:
  (I) THE PUBLIC NEED FOR A RECOVERY HOME AS IDENTIFIED BY THE  DIVISION
OF COMMUNITY MENTAL HYGIENE OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH;
  (II)  THE  CHARACTER,  COMPETENCE AND STANDING IN THE COMMUNITY OF THE
PERSON OR ENTITY RESPONSIBLE FOR OPERATING THE RECOVERY HOME;
  (III) THE COMPLIANCE OF THE APPLICANT WITH ALL  APPLICABLE  STATE  AND
LOCAL ZONING AND BUILDING CODES;
  (IV)  THE  PROVISION  BY THE APPLICANT OF AN ENVIRONMENT THAT PROMOTES
AND SUPPORTS THE REHABILITATION OF PERSONS WITH A  CHEMICAL  DEPENDENCE;
AND  SUCH  OTHER MATTERS AS THE COMMISSIONER SHALL DEEM PERTINENT AND IN
THE PUBLIC INTEREST IN RELATION TO THE OPERATION OF ANY PROPOSED  RECOV-
ERY HOME.
  4.  A  CERTIFICATE OF REGISTRATION SHALL SPECIFY THE NUMBER OF PERSONS
AUTHORIZED TO RESIDE THEREIN AND SHALL INDICATE THE EXPIRATION  DATE  OF
SUCH  REGISTRATION. A CERTIFICATE OF REGISTRATION SHALL BE VALID FOR TWO
YEARS FROM THE DATE OF ISSUANCE AND SHALL EXPIRE ON THE LAST DAY OF  THE
TWENTY-FOURTH  MONTH  FOLLOWING SUCH ISSUANCE. THE BIENNIAL REGISTRATION
FEE SHALL BE FIVE HUNDRED DOLLARS  TO  BE  PAID  UPON  THE  ISSUANCE  OR
RENEWAL OF A CERTIFICATE OF REGISTRATION, HOWEVER, THE OFFICE SHALL HAVE
THE AUTHORITY TO WAIVE THE FEE AT ITS DISCRETION.
  5.  ALL RECOVERY HOMES SHALL PUBLICLY POST THEIR CURRENT VALID CERTIF-
ICATES OF REGISTRATION.
  6. ALL CERTIFICATES OF REGISTRATION SHALL REMAIN THE PROPERTY  OF  THE
OFFICE AND MUST BE RETURNED TO THE OFFICE UPON THE REVOCATION OR EXPIRA-
TIONS  THEREOF,  OR  UPON  DEMAND  OF  THE COMMISSIONER. CERTIFICATES OF
REGISTRATION ARE NOT TRANSFERABLE.
  7. EXISTING FACILITIES IN SUFFOLK COUNTY THAT MEET THE DEFINITION OF A
RECOVERY HOME OR RECOVERY HOUSING, AS DEFINED IN THIS SECTION, SHALL  BE
GRANTED CERTIFICATES OF REGISTRATION.
  8.  THE  OFFICE  SHALL MAINTAIN A REGISTRY OF RECOVERY HOMES THAT HAVE
CURRENT VALID CERTIFICATES OF REGISTRATION. THE REGISTRY  SHALL  INCLUDE
THE STREET ADDRESS AND MUNICIPALITY, THE NUMBER OF PERSONS AUTHORIZED TO

A. 8567                             3

RESIDE  THEREIN,  AND  SUCH  OTHER INFORMATION AS THE COMMISSIONER SHALL
DEEM PERTINENT OR NECESSARY.
  (C)  OVERSIGHT. THE OFFICE SHALL OPERATE A TOLL-FREE TELEPHONE HOTLINE
TO RESPOND TO COMPLAINTS AGAINST RECOVERY HOMES.
  (D) RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE  THE  POWER  TO
ADOPT RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS AND PURPOSES OF
THIS  SECTION,  INCLUDING,  BUT  NOT  LIMITED TO, ESTABLISHING TERMS AND
CONDITIONS OF CERTIFICATES OF REGISTRATION FOR RECOVERY HOMES AND RECOV-
ERY HOUSING BASED UPON AN ASSESSMENT OF SUCH FACTORS, INCLUDING BUT  NOT
LIMITED TO THE REHABILITATIVE CHARACTER OF THE PROPOSED HOME, THE OPERA-
TOR'S   MORAL   CHARACTER,   COMPETENCE,   STANDING  IN  THE  COMMUNITY,
RECORD-KEEPING REQUIREMENTS, FISCAL RESPONSIBILITY, PUBLIC NEED AND SUCH
OTHER MATTERS OF PUBLIC INTEREST AS THE OFFICE SHALL DEEM APPROPRIATE.
  (E) REVOCATION OF CERTIFICATES OF REGISTRATION.  1.  THE  COMMISSIONER
MAY  REVOKE,  SUSPEND,  OR  LIMIT  A  CERTIFICATE OF REGISTRATION UPON A
DETERMINATION THAT THE HOLDER OF THE CERTIFICATE HAS  FAILED  TO  COMPLY
WITH THE TERMS OF ITS CERTIFICATE OF REGISTRATION OR WITH THE PROVISIONS
OF ANY APPLICABLE STATE OR LOCAL STATUTE, RULE, OR REGULATION. THE HOLD-
ER  OF  THE  CERTIFICATE  SHALL BE GIVEN NOTICE AND AN OPPORTUNITY TO BE
HEARD PRIOR TO ANY SUCH DETERMINATION.
  2. THE COMMISSIONER MAY IMPOSE A FINE UPON A FINDING THAT  THE  HOLDER
OF  THE  CERTIFICATE  HAS FAILED TO COMPLY WITH THE TERMS OF ITS CERTIF-
ICATE OF REGISTRATION OR WITH THE PROVISIONS OF ANY APPLICABLE STATE  OR
LOCAL STATUTE, RULE OR REGULATION. THE MAXIMUM AMOUNT OF SUCH FINE SHALL
BE  UP  TO  ONE  THOUSAND  DOLLARS  FOR EVERY DAY SUCH FAILURE TO COMPLY
CONTINUES TO EXIST UP TO A MAXIMUM FINE OF FIVE THOUSAND DOLLARS.
  3. PENDING A DETERMINATION PURSUANT TO THE FOREGOING  PROVISIONS,  THE
COMMISSIONER  MAY,  UPON WRITTEN NOTICE TO THE HOLDER THEREOF, SUSPEND A
CERTIFICATE OF REGISTRATION FOR NOT MORE THAN THIRTY DAYS IF HE  OR  SHE
HAS  REASONABLE  GROUNDS FOR FINDING THAT THE CONTINUED OPERATION OF THE
RECOVERY HOME PRESENTS AN IMMEDIATE DANGER TO THE HEALTH AND WELFARE  OF
THE PUBLIC OR OF ANY PERSONS LIVING IN THE RECOVERY HOME.
  (F)  REPORT.  NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL PREPARE A REPORT EVALUATING THE EFFECTIVE-
NESS OF THE PILOT PROGRAM. SUCH REPORT SHALL INCLUDE, BUT  NEED  NOT  BE
LIMITED TO:
  1.  A LISTING AND DESCRIPTION OF ALL RECOVERY HOMES AND RECOVERY HOUS-
ING IN SUFFOLK COUNTY, INCLUDING THE NUMBER  OF  RESIDENTS  RESIDING  IN
EACH HOME;
  2.  AN  ASSESSMENT  AND  SUGGESTION  FOR  IMPROVING  AVAILABLE HOUSING
OPTIONS FOR PERSONS RECOVERING FROM CHEMICAL DEPENDENCE; AND
  3. AN ASSESSMENT OF THE EFFICACY OF THE PILOT PROGRAM, AND THE  DEGREE
TO  WHICH  IT  SUCCESSFULLY ADDRESSED THE RECOVERY HOME ISSUE IN SUFFOLK
COUNTY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall expire and be deemed repealed four
years after such date; provided that any rule  or  regulation  necessary
for  the implementation of this act on its effective date is immediately
authorized and directed to be made.