S T A T E   O F   N E W   Y O R K
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                                 5463--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the mental hygiene law, in relation to establishing  the
  sober  living  task  force;  and  providing  for  the  repeal  of such
  provisions upon expiration thereof

  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:
  (A) "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED  IN  NEW
YORK STATE WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESI-
DENCE  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.
  (B)  "SOBER  LIVING NETWORK" SHALL MEAN A GROUP OF INDEPENDENTLY OPER-
ATED AND SELF-REGULATED SOBER LIVING  RESIDENCES  LOCATED  IN  NEW  YORK
STATE WHICH COMPLY WITH THE GUIDELINES ISSUED PURSUANT TO THIS SECTION.
  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 UTILIZE INFORMATION COLLECTED FROM ORGANIZA-
TIONS AND PROGRAMS BOTH IN NEW YORK STATE AND THROUGHOUT THE COUNTRY TO:
  (A) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING  BEST  PRACTICES
FOR  SOBER  LIVING  RESIDENCES TO PROVIDE AN ALCOHOL AND DRUG FREE SOBER
LIVING ENVIRONMENT;
  (B) DEVELOP A PLAN TO ESTABLISH A STATEWIDE SOBER  LIVING  NETWORK  AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; AND

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10587-05-6

S. 5463--A                          2

  (C)  IDENTIFY  BARRIERS  FOR  INDIVIDUALS TO ACCESS RECOVERY SERVICES,
RESIDENTIAL TREATMENT FOR CHEMICAL DEPENDENCY  AND  APPROPRIATE  HOUSING
WHERE  INDIVIDUALS ARE PROVIDED AN ALCOHOL AND DRUG FREE LIVING ENVIRON-
MENT.
  4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OF
THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE SERVICES 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; ONE REPRESENTATIVE
OF THE NEW YORK STATE LOCAL  MENTAL  HYGIENE  DIRECTORS;  AT  LEAST  TWO
REPRESENTATIVES  OF  REPUTABLE  OWNERS OR OPERATORS OF A RESIDENCE WHICH
CURRENTLY PROVIDES ALCOHOL AND DRUG FREE HOUSING FOR PERSONS IN RECOVERY
WHERE NO FORMAL TREATMENT SERVICES ARE PROVIDED ON-SITE;  AT  LEAST  TWO
REPRESENTATIVES  OF  CHEMICAL DEPENDENCE RESIDENTIAL TREATMENT PROVIDERS
LICENSED BY THE OFFICE; AT LEAST ONE REPRESENTATIVE WHO IS NOT A PROVID-
ER OF CHEMICAL DEPENDENCE OR MENTAL HEALTH SERVICES  AND  WHO  REPRESENT
NON-GOVERNMENTAL ORGANIZATIONS, SUCH AS NOT-FOR-PROFIT ENTITIES OR OTHER
ORGANIZATIONS  CONCERNED  WITH  THE  PROVISION  OF  HOUSING AND RECOVERY
SERVICES; AND ANY OTHER RELEVANT AGENCY OR PARTICIPANT  THAT  IS  DEEMED
APPROPRIATE.  THE COMMISSIONER SHALL BE DESIGNATED AS THE CHAIRPERSON OF
SUCH TASK FORCE AND SHALL SELECT A  VICE-CHAIRPERSON  AND  A  SECRETARY.
PRIOR  TO  THE FIRST MEETING OF THE TASK FORCE, IN CONSULTATION WITH THE
STATE AGENCY MEMBERS OF SUCH TASK FORCE, THE CHAIRPERSON SHALL SELECT UP
TO EIGHT ADDITIONAL MEMBERS  WHOM  SHALL  BE  REPRESENTATIVES  OF  LOCAL
GOVERNMENT  AGENCIES  IN  NEW  YORK STATE WHERE THE NEED FOR ALCOHOL AND
DRUG FREE HOUSING IS MOST PREVALENT.
  (B) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY  AND  NECESSARILY
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  LIMITED 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  DECEMBER  THIRTY-FIRST  IN THE YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION THE TASK FORCE SHALL PROVIDE A REPORT  TO
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEM-
BLY,  AND  THE  CHAIRMAN OF THE APPROPRIATE LEGISLATIVE COMMITTEES. SUCH
REPORT SHALL INCLUDE BUT NOT BE LIMITED TO  THE  BEST  PRACTICES  ESTAB-
LISHED  FOR  SOBER  LIVING  RESIDENCES;  A  DESCRIPTION OF THE PLAN THAT
ESTABLISHES A STATEWIDE SOBER LIVING  NETWORK;  RECOMMENDATIONS  BY  THE
TASK FORCE TO REDUCE ACCESS BARRIERS FOR INDIVIDUALS SEEKING RESIDENTIAL
TREATMENT  FOR  CHEMICAL  DEPENDENCY;  AND RECOMMENDATIONS FOR ANY OTHER
PROGRAM OR POLICY INITIATIVE  THE  TASK  FORCE  DEEMS  APPROPRIATE.  THE
REPORT SHALL BE POSTED ON THE WEBSITES OF THE APPROPRIATE AGENCIES.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed one year after
such effective date.