S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3989
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2015
                                      ___________
       Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
         printed to be committed 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:
    1    Section  1.  The mental hygiene law is amended by adding a new section
    2  19.04 to read as follows:
    3  S 19.04 SOBER LIVING TASK FORCE.
    4    1. DEFINITIONS. AS USED IN THIS SECTION:
    5    "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW  YORK
    6  STATE  WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESIDENCE
    7  OUT TO THE PUBLIC AS AN ALCOHOL AND DRUG  FREE  LIVING  ENVIRONMENT  FOR
    8  PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY, WHERE NO FORMAL TREATMENT
    9  SERVICES ARE PROVIDED ON-SITE.
   10    2.  THE  SOBER  LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
   11  THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
   12  FOR SOBER LIVING RESIDENCES THAT ILLUSTRATE  THE  MOST  APPROPRIATE  AND
   13  EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
   14    3. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
   15  MATION  COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN NEW YORK STATE
   16  AND THROUGHOUT THE COUNTRY TO:
   17    (A) DOCUMENT THE NUMBER OF SOBER HOMES OPERATING IN THE STATE;
   18    (B) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING  BEST  PRACTICES
   19  FOR SOBER LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL AND DRUG FREE
   20  SOBER  LIVING  ENVIRONMENT,  WITH  A FOCUS ON LEAST RESTRICTIVE MEANS OF
   21  BENEFITING THE PERSON IN RECOVERY;
   22    (C) STUDY AND ISSUE FINDINGS  REGARDING  HEALTH  AND  SAFETY  CONCERNS
   23  RELATED  TO  THE  OCCUPANCY AND OPERATION OF SOBER LIVING RESIDENCES FOR
   24  THE PERSON IN RECOVERY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09334-02-5
       S. 3989                             2
    1    (D) STUDY AND ISSUE FINDINGS REGARDING THE IMPACTS  OF  OCCUPANCY  AND
    2  OPERATION  OF  SOBER  LIVING RESIDENCES ON NEIGHBORHOODS AND SURROUNDING
    3  AREAS;
    4    (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
    5  REGISTERING OR CERTIFYING SOBER LIVING RESIDENCES IN NEW YORK STATE; AND
    6    (F)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
    7  THAT THE TASK FORCE DEEMS RELEVANT.
    8    4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OR
    9  HIS OR HER DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH  OR
   10  HIS  OR  HER  DESIGNEE;  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
   11  DISABILITY ASSISTANCE OR HIS OR HER DESIGNEE; THE  COMMISSIONER  OF  THE
   12  OFFICE  OF  HOMES  AND  COMMUNITY  RENEWAL  OR  HIS OR HER DESIGNEE; TWO
   13  MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO  MEMBERS
   14  APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS APPOINTED BY
   15  THE GOVERNOR. THE COMMISSIONER SHALL BE DESIGNATED  THE  CHAIRPERSON  OF
   16  SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY FROM
   17  THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVERNOR;
   18    (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
   19  THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
   20  SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES;
   21    (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
   22  OF THE SOBER LIVING TASK FORCE FOR ANY ACT OR OMISSION NECESSARY TO  THE
   23  DISCHARGE  OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
   24  PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
   25  ACTION  IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
   26  CARE. ANY INFORMATION OBTAINED BY A  MEMBER  OF  THE  TASK  FORCE  WHILE
   27  CARRYING  OUT  HIS  OR  HER DUTIES AS PRESCRIBED IN SUBDIVISION THREE OF
   28  THIS SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE
   29  TASK FORCE.
   30    5. NO LATER THAN DECEMBER FIRST, TWO THOUSAND FIFTEEN, THE TASK  FORCE
   31  SHALL  PROVIDE  A  REPORT CONTAINING THE RESULTS OF THE STUDY, INCLUDING
   32  EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS RECOMMENDATIONS,
   33  IF ANY, TOGETHER WITH DRAFTS OF LEGISLATION NECESSARY TO CARRY  OUT  ITS
   34  RECOMMENDATIONS  BY  FILING SAID REPORT, DOCUMENTATION, AND DRAFT LEGIS-
   35  LATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
   36  MINORITY  LEADER  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, AND THE
   37  MINORITY LEADER OF THE ASSEMBLY. THE TASK  FORCE  SHALL  ALSO  MAKE  THE
   38  REPORT, DOCUMENTATION, AND DRAFT LEGISLATION PUBLIC BY POSTING A COPY ON
   39  THE WEBSITE MAINTAINED BY THE OFFICE.
   40    S 2. This act shall take effect immediately.