Official Summary Text
ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1240, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:
Requires the commissioner of mental health and substance abuse services ("commissioner") to select and approve organizations meeting the minimum standards as described in this amendment. The department of mental health and substance abuse services ("department") must establish and maintain on its website a list of organizations selected and approved by the commissioner. The department may promulgate rules to effectuate these provisions.
Requires, as of January 1, 2026, an organization selected and approved by the commissioner and certifying recovery residences in this state to adopt all of the following minimum standards as part of the certification:
Consistent and fair practices for drug and alcohol testing, including frequency of such testing, that promote recovery.
Policies and procedures for the recovery residence to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.
Policies and procedures for an exit plan for each resident living in the recovery residence that (i) respects the resident's choice; (ii) addresses occasions where the resident must leave due to an emergency situation or relapse; (iii) offers relocation services to the resident; and (iv) if possible, does not negatively impact the surrounding community.
A good neighbor policy to address neighborhood concerns and complaints.
A requirement that the operator of each recovery residence have available for emergency personnel an updated list of current medications and medical conditions of each resident living in the home.
A policy that ensures residents are informed of all recovery residence rules, residency requirements, and resident agreements.
Policies and procedures for the management of all monies received and spent by the recovery residence in accordance with standard accounting practices, including monies received from the residents of the recovery residence.
Policies requiring abstinence from alcohol, illicit drugs, and certain nonillicit drugs, including Kratom.
Policies regarding the maintenance of recovery residences, including the installation of functioning smoke detectors, carbon monoxide detectors, fire extinguishers, and compliance with local fire codes applicable to comparable dwellings occupied by single families.
Policies and procedures that (i) prohibit a recovery residence owner, employee, or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance, and supplemental nutrition assistance program benefits; and (ii) define ethical financial policies for the management of resident funds and rent payments.
Requirements for the notification of a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.
Policies and procedures that prohibit overnight visitors who are not bona fide residents of the recovery residence except for the residents' children, who may be allowed overnight visits on a temporary basis when the resident is the custodial parent or in compliance with a reunification plan.
Policies and procedures providing for the safety of residents and prohibiting violence, weapons, and other disruptive behavior, including appropriate responses for such violations.
Requirements for sharing physical locations and addresses of recovery residences with local governments, police departments, fire departments, emergency services officials, and health officials. Such requirements should be utilized when the physical location and address of the recovery residence is not identifiable to the public at large as a recovery residence irrespective of whether the physical address is a public record.
Policies and procedures that mandate and define (i) an ethical code of conduct for owners, employees, and volunteers of a recovery residence; (ii) prohibited conflicts of interest; and (iii) a residents' rights and a grievance procedure.
Provides that a recovery residence seeking certification from an organization is generally subject to the minimum standards established above. However, a recovery residence that is certified by an organization prior to January 1, 2026, is not required to comply with the minimum standards established in this amendment but instead remains subject to the certification standards in effect prior to January 1, 2026, until the earlier of (i) the date of its certification renewal, if such renewal occurs on or after July 1, 2026; or (ii) January 1, 2027.
Provides that certification may be valid for no more than three years.
Requires each recovery residence to undergo a physical site inspection by the certifying organization at least annually for the recovery residence's certification to remain in good standing.
Provides that (i) this amendment does not apply to any residence or facility licensed by the department and (ii) the physical address and location of a recovery residence is not subject to disclosure under open records laws.
Defines, for purposes of this amendment, a "recovery residence" as a residence classified as a single-family residence, or any other premise, place, or building that provides a substance-free living environment centered on supervised, monitored, or peer-led support that assists individuals in recovery from substance use disorder with services that promote long-term recovery, including direct connection to other peers in recovery, mutual support groups, and recovery support services but does not provide any medical or clinical services, treatment, or medication administration on-site except for verification of abstinence.
ON APRIL 16, 2025, THE HOUSE SUBSTITUTED SENATE BILL 1240 FOR HOUSE BILL 1351, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 1240, AS AMENDED.
AM
ENDMENT #2 revises this bill to delete from the present law definition of ADTF a group residence, halfway house, recovery residence, or other entity (except for a clinic) providing alcohol and drug services.
Present law defines "r
ecovery residence
" to
mean any ADTF, including any residence classified as a single family residence, that provides a safe, healthy, and family-like, substance-free living environment centered on peer support that assists individuals in recovery from substance use disorder wit
h
services that promote long-term recovery, including, but not limited to, direct connection to other peers in recovery, mutual support groups, and recovery support services
. This amendment revises such definition to mean a
residence classified as a single
family residence, or any other premise, place, or building that provides a substance-free living environment centered on supervised, monitored, or peer-led support that assists individuals in recovery from substance use disorder with services that promot
e
long-term recovery, including direct connection to other peers in recovery, mutual support groups, and recovery support services but does not provide any medical or clinical services, treatment, or medication administration on-site except for verificatio
n
of abstinence
.
This amendment clarifies that the certification standards described in the Summary for Senate Amendment #1 will apply to all recovery residence other than those recovery residences that are grandfathered under existing certification for a
period not to exceed three years and residences and facilities licensed by the department
of mental health and substance abuse services
.