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

                                  7933

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

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

AN ACT to amend the mental hygiene law, in relation to the creation of a
  sober living task force

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

  Section 1. The mental hygiene law is amended by adding a  new  section
19.04 to read as follows:
S 19.04 SOBER LIVING TASK FORCE.
  1. DEFINITIONS. AS USED IN THIS SECTION:
  "SOBER  LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW YORK
STATE WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE  RESIDENCE
OUT  TO  THE  PUBLIC  AS AN ALCOHOL AND DRUG FREE LIVING ENVIRONMENT FOR
PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY, WHERE NO FORMAL TREATMENT
SERVICES ARE PROVIDED ON-SITE.
  2. THE SOBER LIVING TASK FORCE IS HEREBY CREATED,  WHICH  PURSUANT  TO
THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
FOR  SOBER  LIVING  RESIDENCES  THAT ILLUSTRATE THE MOST APPROPRIATE AND
EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
  3. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
MATION COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN NEW YORK  STATE
AND THROUGHOUT THE COUNTRY TO:
  (A) DOCUMENT THE NUMBER OF SOBER HOMES OPERATING IN THE STATE;
  (B)  ISSUE  RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST PRACTICES
FOR SOBER LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL AND DRUG FREE
SOBER LIVING ENVIRONMENT, WITH A FOCUS ON  LEAST  RESTRICTIVE  MEANS  OF
BENEFITING THE PERSON IN RECOVERY;
  (C)  STUDY  AND  ISSUE  FINDINGS  REGARDING HEALTH AND SAFETY CONCERNS
RELATED TO THE OCCUPANCY AND OPERATION OF SOBER  LIVING  RESIDENCES  FOR
THE PERSON IN RECOVERY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09334-04-5

              

A. 7933                             2

  (D)  STUDY  AND  ISSUE FINDINGS REGARDING THE IMPACTS OF OCCUPANCY AND
OPERATION OF SOBER LIVING RESIDENCES ON  NEIGHBORHOODS  AND  SURROUNDING
AREAS;
  (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
REGISTERING OR CERTIFYING SOBER LIVING RESIDENCES IN NEW YORK STATE; AND
  (F)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
THAT THE TASK FORCE DEEMS RELEVANT.
  4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OR
HIS OR HER DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH  OR
HIS  OR  HER  DESIGNEE;  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE OR HIS OR HER DESIGNEE; THE  COMMISSIONER  OF  THE
OFFICE  OF  HOMES  AND  COMMUNITY  RENEWAL  OR  HIS OR HER DESIGNEE; TWO
MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO  MEMBERS
APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS APPOINTED BY
THE GOVERNOR. THE COMMISSIONER SHALL BE DESIGNATED  THE  CHAIRPERSON  OF
SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY FROM
THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVERNOR;
  (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES;
  (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
OF THE SOBER LIVING TASK FORCE FOR ANY ACT OR OMISSION NECESSARY TO  THE
DISCHARGE  OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
ACTION  IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
CARE. ANY INFORMATION OBTAINED BY A  MEMBER  OF  THE  TASK  FORCE  WHILE
CARRYING  OUT  HIS  OR  HER DUTIES AS PRESCRIBED IN SUBDIVISION THREE OF
THIS SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE
TASK FORCE.
  5. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
THE  TASK  FORCE  SHALL  PROVIDE  A REPORT CONTAINING THE RESULTS OF THE
STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
RECOMMENDATIONS, IF ANY, TOGETHER WITH DRAFTS OF  LEGISLATION  NECESSARY
TO  CARRY  OUT ITS RECOMMENDATIONS BY FILING SAID REPORT, DOCUMENTATION,
AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
AND  THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE
THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION  PUBLIC  BY  POSTING  A
COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
  S 2. This act shall take effect immediately.