S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5463
                              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
       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:
    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    (A) "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED  IN  NEW
    6  YORK STATE WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESI-
    7  DENCE  OUT  TO THE PUBLIC AS AN ALCOHOL AND DRUG FREE LIVING ENVIRONMENT
    8  FOR PERSONS RECOVERING FROM  A  CHEMICAL  DEPENDENCY,  WHERE  NO  FORMAL
    9  TREATMENT SERVICES ARE PROVIDED ON-SITE.
   10    (B)  "SOBER  LIVING NETWORK" SHALL MEAN A GROUP OF INDEPENDENTLY OPER-
   11  ATED AND SELF-REGULATED SOBER LIVING  RESIDENCES  LOCATED  IN  NEW  YORK
   12  STATE WHICH COMPLY WITH THE GUIDELINES ISSUED PURSUANT TO THIS SECTION.
   13    2.  THE  SOBER  LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
   14  THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
   15  FOR SOBER LIVING RESIDENCES THAT ILLUSTRATE  THE  MOST  APPROPRIATE  AND
   16  EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
   17    3.  THE  TASK FORCE SHALL UTILIZE INFORMATION COLLECTED FROM ORGANIZA-
   18  TIONS AND PROGRAMS BOTH IN NEW YORK STATE AND THROUGHOUT THE COUNTRY TO:
   19    (A) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING  BEST  PRACTICES
   20  FOR  SOBER  LIVING  RESIDENCES TO PROVIDE AN ALCOHOL AND DRUG FREE SOBER
   21  LIVING ENVIRONMENT;
   22    (B) DEVELOP A PLAN TO ESTABLISH A STATEWIDE SOBER  LIVING  NETWORK  AS
   23  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.
                                                                  LBD10587-01-5
       S. 5463                             2
    1    (C)  IDENTIFY  BARRIERS  FOR  INDIVIDUALS TO ACCESS RECOVERY SERVICES,
    2  RESIDENTIAL TREATMENT FOR CHEMICAL DEPENDENCY  AND  APPROPRIATE  HOUSING
    3  WHERE  INDIVIDUALS ARE PROVIDED AN ALCOHOL AND DRUG FREE LIVING ENVIRON-
    4  MENT.
    5    4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OF
    6  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE SERVICES OR HIS OR HER
    7  DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OR HIS OR  HER
    8  DESIGNEE;  THE  COMMISSIONER  OF  THE OFFICE OF TEMPORARY AND DISABILITY
    9  ASSISTANCE OR HIS OR HER DESIGNEE; THE COMMISSIONER  OF  THE  OFFICE  OF
   10  HOMES  AND  COMMUNITY RENEWAL OR HIS OR HER DESIGNEE; ONE REPRESENTATIVE
   11  OF THE NEW YORK STATE LOCAL  MENTAL  HYGIENE  DIRECTORS;  AT  LEAST  TWO
   12  REPRESENTATIVES  OF  REPUTABLE  OWNERS OR OPERATORS OF A RESIDENCE WHICH
   13  CURRENTLY PROVIDES ALCOHOL AND DRUG FREE HOUSING FOR PERSONS IN RECOVERY
   14  WHERE NO FORMAL TREATMENT SERVICES ARE PROVIDED ON-SITE;  AT  LEAST  TWO
   15  REPRESENTATIVES  OF  CHEMICAL DEPENDENCE RESIDENTIAL TREATMENT PROVIDERS
   16  LICENSED BY THE OFFICE; AT LEAST ONE REPRESENTATIVE WHO IS NOT A PROVID-
   17  ER OF CHEMICAL DEPENDENCE OR MENTAL HEALTH SERVICES  AND  WHO  REPRESENT
   18  NON-GOVERNMENTAL ORGANIZATIONS, SUCH AS NOT-FOR-PROFIT ENTITIES OR OTHER
   19  ORGANIZATIONS  CONCERNED  WITH  THE  PROVISION  OF  HOUSING AND RECOVERY
   20  SERVICES; AND ANY OTHER RELEVANT AGENCY OR PARTICIPANT  THAT  IS  DEEMED
   21  APPROPRIATE.  THE COMMISSIONER SHALL BE DESIGNATED AS THE CHAIRPERSON OF
   22  SUCH TASK FORCE AND SHALL SELECT A  VICE-CHAIRPERSON  AND  A  SECRETARY.
   23  PRIOR  TO  THE FIRST MEETING OF THE TASK FORCE, IN CONSULTATION WITH THE
   24  STATE AGENCY MEMBERS OF SUCH TASK FORCE, THE CHAIRPERSON SHALL SELECT UP
   25  TO EIGHT ADDITIONAL MEMBERS  WHOM  SHALL  BE  REPRESENTATIVES  OF  LOCAL
   26  GOVERNMENT  AGENCIES  IN  NEW  YORK STATE WHERE THE NEED FOR ALCOHOL AND
   27  DRUG FREE HOUSING IS MOST PREVALENT.
   28    (B) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
   29  SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY  AND  NECESSARILY
   30  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   31    (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
   32  OF THE SOBER LIVING TASK FORCE FOR ANY ACT OR OMISSION NECESSARY TO  THE
   33  DISCHARGE  OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
   34  PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
   35  ACTION  IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
   36  CARE.  ANY INFORMATION OBTAINED BY A MEMBER  OF  THE  TASK  FORCE  WHILE
   37  CARRYING  OUT  HIS  OR  HER  LIMITED DUTIES AS PRESCRIBED IN SUBDIVISION
   38  THREE OF THIS SECTION SHALL ONLY BE UTILIZED  IN  THEIR  CAPACITY  AS  A
   39  MEMBER OF THE TASK FORCE.
   40    5. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE TASK
   41  FORCE  SHALL  PROVIDE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE,
   42  THE MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
   43  MINORITY  LEADER  OF  THE  ASSEMBLY, AND THE CHAIRMAN OF THE APPROPRIATE
   44  LEGISLATIVE COMMITTEES. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED  TO
   45  THE   BEST   PRACTICES   ESTABLISHED  FOR  SOBER  LIVING  RESIDENCES;  A
   46  DESCRIPTION OF THE  PLAN  THAT  ESTABLISHES  A  STATEWIDE  SOBER  LIVING
   47  NETWORK; RECOMMENDATIONS BY THE TASK FORCE TO REDUCE ACCESS BARRIERS FOR
   48  INDIVIDUALS  SEEKING  RESIDENTIAL TREATMENT FOR CHEMICAL DEPENDENCY; AND
   49  RECOMMENDATIONS FOR ANY OTHER PROGRAM  OR  POLICY  INITIATIVE  THE  TASK
   50  FORCE  DEEMS  APPROPRIATE. THE REPORT SHALL BE POSTED ON THE WEBSITES OF
   51  THE APPROPRIATE AGENCIES.
   52    S 2. This act shall take effect on the thirtieth day  after  it  shall
   53  have become a law and shall expire and be deemed repealed one year after
   54  such effective date.