BILL ANALYSIS
AB 724
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Date of Hearing: May 23, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 724 (Benoit) - As Amended: May 15, 2007
Policy Committee: HealthVote:10 - 4
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill specifies that in order to be a license-exempt "sober
living home" the residential facility must be certified,
registered or approved by a governmental or nonprofit
organization that provides quality assurance services.
Specifically, this bill:
1)Defines a "sober living home" as a residential property that
is operated as a cooperative living arrangement to provide an
alcohol- and drug-free environment for persons recovering from
substance abuse.
2)Requires owners, managers, operators and residents to observe
and promote a zero tolerance policy regarding the consumption
or possession of alcohol or controlled substances, while
taking into account residents efforts to respond to the
policy.
3)Prohibits the provision of on-site services such as
detoxification and educational counseling.
4)Only takes affect if the companion bill, SB 992, is enacted.
FISCAL EFFECT
There are no significant costs associated with this legislation.
COMMENTS
1)Rationale . According to the sponsor, the City of Riverside,
this bill is designed to clarify what constitutes a sober
living home. It has been the city's experience that owners of
AB 724
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residential properties are claiming that their houses are
sober living homes as a way of avoiding local regulations and
ordinances. According to the city, in these residences few, if
any, of the occupants are actually recovering substance
abusers. This bill will codify a definition of sober living
home that can be used in an effort to determine the actual
nature and scope of local regulations and ordinances that are
applicable to these single-family residences.
2)Related Legislation . AB 992 (Wiggins), requires the Department
of Alcohol and Drug Programs to regulate, license, and certify
adult recovery maintenance facilities. That bill is currently
pending in the Senate Appropriations Committee. AB 724 is
dependent on the enactment of this bill.
AB 370 (Adams) would permit a city or county to prohibit a
registered sex offender released on parole from residing with
any other person on parole in a residential facility serving
six or fewer residents, unless the other resident is related
by blood, marriage or adoption. Permits a city or county to
include a residential care facility serving six or fewer
persons, including a sober living facility, within the
definition of single family residence. That bill is currently
pending in this committee.
AB 3007 (Emmerson) of 2006, would have required ADP,
commencing March 1, 2007, to deny an application for a new
adult alcoholism or drug abuse recovery or treatment facility
license if ADP determines that the location is in proximity to
an existing facility that would result in over concentration
of these facilities in one neighborhood. AB 3007 was held in
this committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081