S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4496--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2019
                                ___________
 
 Introduced  by  Sens.  MARTINEZ, MAYER, GAUGHRAN, KAPLAN, PARKER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Alcoholism  and  Substance  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 committee
 
 AN ACT to amend the mental hygiene law, in relation to the creation of a
   recovery 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:
 § 19.04 RECOVERY LIVING TASK FORCE.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   "RECOVERY 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.
   2. THE RECOVERY LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
 THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
 FOR  RECOVERY 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 RECOVERY RESIDENCES OPERATING IN THE STATE;
   (B)  ISSUE  RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST PRACTICES
 FOR RECOVERY LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL  AND  DRUG
 FREE  RECOVERY  LIVING  ENVIRONMENT,  WITH  A FOCUS ON LEAST RESTRICTIVE
 MEANS OF BENEFITING THE PERSON IN RECOVERY.  IN  DEVELOPING  GUIDELINES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10577-04-0

 S. 4496--A                          2
 
 THE  TASK FORCE SHALL CONSIDER THE ROLE OF LOCAL AND STATE GOVERNMENT IN
 OVERSIGHT AND OTHER AREAS; SITING CHALLENGES; GEOGRAPHIC  VARIATIONS  IN
 WHAT  HOUSING  CURRENTLY EXISTS AND IN BARRIERS TO CREATING NEW SUITABLE
 HOUSING;  OPTIMAL  STANDARDS  FOR  LIVING  SPACE, PRIVACY AND NUTRITION;
 PERSONAL FINANCIAL PARTICIPATION BY TENANTS; WORK REQUIREMENTS,  INCLUD-
 ING  ADEQUACY  OF  COMPENSATION;  REIMBURSEMENT OPPORTUNITIES; DISCHARGE
 PLANNING, THE PARTICIPANT'S LEGAL PROTECTIONS AGAINST REMOVAL  FROM  THE
 RESIDENCE;  WHAT  INFORMATION  MUST  BE  PROVIDED  TO THE PARTICIPANT AT
 ADMISSION, INCLUDING DUE PROCESS RIGHTS OF THE PARTICIPANT  FOR  REMOVAL
 FROM  THE  RESIDENCE;  APPROPRIATE RESPONSES TO RELAPSE WITH THE GOAL OF
 PROTECTING BOTH THE PERSON WHO HAS RELAPSED AND OTHER RESIDENTS  OF  THE
 RESIDENCE;  HOW  TO  ENSURE ACCESS TO MEDICATION ASSISTED TREATMENT; THE
 NEEDS OF WOMEN, AND OF WOMEN WITH CHILDREN; THE USE OF DRUG TESTING; AND
 OPTIONS AND REQUIREMENTS FOR FORMAL OR SELF-HELP TREATMENT SERVICES;
   (C) STUDY AND ISSUE FINDINGS  REGARDING  HEALTH  AND  SAFETY  CONCERNS
 RELATED TO THE OCCUPANCY AND OPERATION OF RECOVERY LIVING RESIDENCES FOR
 THE PERSON IN RECOVERY;
   (D)  STUDY  AND  ISSUE FINDINGS REGARDING THE IMPACTS OF OCCUPANCY AND
 OPERATION OF RECOVERY LIVING RESIDENCES ON NEIGHBORHOODS AND SURROUNDING
 AREAS;
   (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
 REGISTERING OR CERTIFYING RECOVERY 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  TEN  MEMBERS
 CONSISTING  OF 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, AT LEAST ONE OF WHOM SHALL BE A CURRENT OR FORMER RESI-
 DENT OF A RECOVERY LIVING RESIDENCE; TWO MEMBERS APPOINTED BY THE SPEAK-
 ER OF THE ASSEMBLY, AT LEAST ONE OF WHOM SHALL BE A  CURRENT  OR  FORMER
 RESIDENT  OF  A  RECOVERY LIVING RESIDENCE; AND TWO MEMBERS APPOINTED BY
 THE GOVERNOR.  THE TASK FORCE SHALL INCLUDE AT LEAST ONE OPERATOR  OF  A
 RECOVERY  LIVING RESIDENCE WITH AT LEAST FIVE YEARS OF EXPERIENCE IN THE
 FIELD WHO MUST DEMONSTRATE, TO THE EXTENT PRACTICABLE,  THAT  THE  RESI-
 DENCES  THEY OPERATE HAVE HAD MINIMAL CODE VIOLATIONS WITHIN THE PRECED-
 ING THREE YEARS. APPOINTMENTS MUST ENSURE GEOGRAPHIC REPRESENTATION,  TO
 THE EXTENT PRACTICABLE.  THE COMMISSIONER SHALL BE DESIGNATED THE CHAIR-
 PERSON  OF  SUCH  TASK  FORCE  AND SHALL SELECT A VICE-CHAIRPERSON AND A
 SECRETARY FROM THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE  GOVER-
 NOR;
   (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 RECOVERY 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.

 S. 4496--A                          3
 
   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.
   § 2. This act shall take effect immediately.