Bill Text: CA SB214 | 2009-2010 | Regular Session | Introduced

California Senate Bill 214 (Prior Session Legislation)

Introduced

Bill Title: Sober living homes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB214 Detail]

Download: California-2009-SB214-Introduced.html

BILL NUMBER: SB 214	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Benoit

                        FEBRUARY 23, 2009

   An act to add Section 11834.255 to the Health and Safety Code,
relating to residential facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 214, as introduced, Benoit. Sober living homes.
   Existing law provides for the licensure and regulation of various
community care facilities by the State Department of Social Services.
Existing law also provides for the licensure and regulation by the
State Department of Alcohol and Drug Programs of alcoholism and drug
abuse recovery and treatment facilities for adults.
   This bill would provide that a sober living home, as defined, is
exempt from licensure under these provisions. The bill also would
provide that a residence housing those purporting to be recovering
from drug and alcohol abuse would be presumed to be a sober living
home if it has been certified, registered, or approved by a
recognized nonprofit organization that provides a credible quality
assurance service for applicants or members.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11834.255 is added to the Health and Safety
Code, to read:
   11834.255.  (a) The purpose of this section is to provide a
definition of a "sober living home" so as to give both those
purporting to operate these facilities and local code and law
enforcement agencies the ability to determine whether residences
housing former drug and alcohol abusers are exempt from local
regulation or exercise of local police powers.
   (b) For purposes of this chapter, "sober living home" means a
residential property that is operated as a cooperative living
arrangement to provide an alcohol- and drug-free environment for
persons recovering from alcoholism or drug abuse, or both, who seek a
living environment in which to remain clean and sober, and that
satisfies all of the following requirements:
   (1) Residents of the facility, including live-in managers,
operators, or owners, are living a sober lifestyle.
   (2) Residents actively participate in legitimate recovery
programs, including, but not limited to, outpatient treatment,
12-step recovery, and other recognized programs of recovery, and
maintain current records of meeting attendance.
   (3) Owners, managers, operators, and residents observe and promote
a zero tolerance policy regarding the consumption or possession of
alcohol or controlled substances, except for prescription medications
obtained and used under direct medical supervision. The observation
and promotion of this policy may take into account demonstrable
efforts made by residents to respond to, and prevent additional
violations of, the policy.
   (4) Owners, managers, operators, and residents do not provide
onsite any of the following services, as they are defined in Section
10501 of Title 9 of the California Code of Regulations:
   (A) Detoxification services.
   (B) Education sessions.
   (C) Individual or group sessions.
   (D) Alcoholism or drug abuse recovery or treatment planning.
   (5) The number of residents who are subject to the sex offender
registration requirements of Section 290 of the Penal Code does not
exceed the limit set forth in Section 3003.5 of the Penal Code and
does not violate the distance provisions set forth in Section 3003 of
the Penal Code.
   (6) Residents do not require nonmedical care or supervision, as
those terms are defined in Section 1503.5 and in Title 22 of the
California Code of Regulations.
   (7) Owners, managers, operators, and residents ensure that the
property and its use comply with applicable state and local law.
   (c) A residence housing those purporting to be recovering from
drug and alcohol abuse shall be presumed to be a sober living home if
the residence has been certified, registered, or approved by a
recognized nonprofit organization that provides a credible quality
assurance service for applicants or members.
   (d) A sober living home shall be exempt from licensure under this
chapter.
   (e) Nothing in this section shall be construed to prohibit minor
children who are dependents of a resident of the facility from also
residing in the facility.