S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3349
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Abuse
 
 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04931-01-3
              

 S. 3349                             2
 
 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.
   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
 S. 3349                             3
 
 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.