Hawaii-2013-HCR200-Introduced

WHEREAS, clean and sober homes provide a means for persons to return to the community by providing support in a home-like environment without the structure of a special treatment facility or therapeutic living program, both of which require licensure; and

WHEREAS, clean and sober homes are located in communities through the State and provide housing for substance abuse and mental health clients transitioning from a treatment setting to life back in the community; and

WHEREAS, halfway houses provide a stable living environment for criminal offenders who are released under the supervision of the Department of Public Safety, probationers under the supervision of the Judiciary's Adult Client Services Branch, and parolees under the supervision of the Hawaii Paroling Authority; and

WHEREAS, in 2012, the Clean and Sober Homes and Halfway Houses Task Force was convened by the interim Director of Health in response to and in anticipation of the need for housing of probationers and parolees as a result of Act 139, Session Laws of Hawaii 2012, and Act 140, Session Laws of Hawaii 2012, both part of the Justice Reinvestment Initiative; and

WHEREAS, the Clean and Sober Homes and Halfway Houses Task Force examined concerns about housing for individuals transitioning from institutionalization or treatment settings to independent living within the context of public health and safety; federal fair housing provisions; agency referral and placement criteria and processes; county conditional use permit applications and review criteria; and the registration and monitoring of clean and sober homes and halfway houses; and

WHEREAS, at the conclusion of the Clean and Sober Homes and Halfway Houses Task Force's scheduled meetings, members recognized that despite their hard work and diligence, there were a number of major issues that required further discussion; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Director of Health is requested to reconvene the Clean and Sober Homes and Halfway Houses Task Force; and

BE IT FURTHER RESOLVED that to ensure continuity, the Director of Health is requested, to the extent practical, to include in the Clean and Sober Homes and Halfway Houses Task Force representatives from the same entities that participated in the original task force, such as:

(1) Members of the Senate, as selected by the President of the Senate;

(2) Members of the House of Representatives, as selected by the Speaker of the House of Representatives;

(3) Representatives from the Judiciary's Adult Client Services Branch;

(4) Representatives from the Department of the Attorney General;

(5) Representatives from the Department of Health;

(6) Representatives from the Department of Human Services;

(7) Representatives from the Department of Public Safety;

(8) Representatives from the Hawaii Paroling Authority;

(9) Representatives from each county's planning department;

(10) Homeless advocates;

(11) Clean and sober homes providers; and

(12) Halfway house providers; and

BE IT FURTHER RESOLVED that the Clean and Sober Homes and Halfway Houses Task Force is requested to discuss and resolve the following outstanding issues:

(1) Clarifying the definitions of the terms "registration" and "monitoring" as they relate to clean and sober homes and halfway houses;

(2) Determining appropriate sections of the Hawaii Revised Statutes in which to insert the definition of terms for which the task force has previously reached agreement, including the terms "clean and sober home" and "community home";

(3) Clarifying the voluntary registry function and determining its applicability beyond alcohol- and drug-free housing for substance abusers and criminal offenders;

(4) Determining what department or agency should be responsible for receiving, compiling, and following up on complaints received about clean and sober homes and halfway houses;

(5) Drafting a budget that includes staffing and operating costs to be incurred for start-up and ongoing expenses for operation of the voluntary registry;

(6) Developing criteria for policies, procedures, and guidelines for operation of the voluntary registry; and

(7) Assessing the financial impact of imposing registration and monitoring requirements that may increase costs to clean and sober homes and halfway house residents who have limited resources; and

BE IT FURTHER RESOLVED that the Clean and Sober Homes and Halfway Houses Task Force is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2014; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; President of the Senate; Speaker of the House of Representatives; State Administrator of the Judiciary; Attorney General; Director of Health; Director of Human Services; Director of Public Safety; Chairperson of the Hawaii Paroling Authority; Director of Planning and Permitting of the City and County of Honolulu; Director of Planning of the County of Hawaii; Director of Planning of the County of Maui; Director of Planning of the County of Kauai; Director of Makana O Ke Akua, Inc.; Chairperson of the Hawaii Substance Abuse Coalition; Executive Director of the Institute for Human Services; and Executive Director of T.J. Mahoney & Associates, Inc.

	OFFERED BY:	_____________________________

Report Title:

Clean and Sober Homes and Halfway Houses Task Force

HOUSE OF REPRESENTATIVES	H.C.R. NO.	200
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII