Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 5 D · 1 R cosponsors

HB 114 — AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO RECOVERY HOUSING.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 01, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.

Bill Text

What changed in the latest version

214 added · 18 removed

214 line(s) added, 18 removed.

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Previous
Latest
Sen.
Rep.
Pinkney DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Harris & Rep.
1 TO HOUSE SUBSTITUTE NO.
Longhurst & Sen.
Pinkney & Sen.
Lockman Reps.
Baumbach, Bush, K.
Williams;
Sens.
Buckson, Hansen, S.
McBride HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.
114 AMEND House Substitute No.
114 AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO RECOVERY HOUSING.
1 for House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
114 on line 24 by deleting “1.” and inserting in lieu thereof “(a)”.
Section 1.
FURTHER AMEND House Substitute No.
Amend Chapter 22A of Title 16 by making deletions as shown by strike through and insertions as shown by underline as follows:
1 for House Bill No.
CHAPTER 22A.
114 on line 44 by deleting “house.” and inserting in lieu thereof “house, including former residents who complied with a request to leave or were removed from the certified recovery house.”.
RECOVERY HOUSING § 2201A.
FURTHER AMEND House Substitute No.
Definitions.
1 for House Bill No.
As used in this chapter:
114 line 176 by deleting “residence” and inserting in lieu thereof “house”.
(1) “Applicant” means any individual, organization, or entity applying for certification of a recovery house.
SYNOPSIS This Amendment requires that certified recovery houses collect and report data on the destinations of former residents who complied with a request to leave or were removed from the certified recovery house.
(2) “Certified recovery house” means a recovery house certified by the certifying organization.
This Amendment also corrects a typographical error and revises § 5102(6) of Title 25 to use the term “certified recovery house” because that is the defined term under § 2201A of Title 16.
(3) “Certifying organization” means an organization under contract with or otherwise designated by the Division to certify recovery houses under this chapter.
Author:
(4) “Director” means the Director of the Division of Substance Abuse and Mental Health.
Senator Pinkney LC :
(5) “Division” means the Division of Substance Abuse and Mental Health.
DIG :
(6) “Fund” means the Certified Recovery House Fund established under § 2216A of this title.
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(7) “Operator” means the owner or lessee of a recovery house.
06/29/2023 06:18 PM 5971520098
(8) “Oxford House” means a recovery house chartered by Oxford House, Inc.
(9) “Recovery house” means a house for individuals recovering from substance use disorders that provides a safe and supportive substance-free environment, which may include peer support and other recovery support services.
(10) “Registry” means the list of certified recovery houses the certifying organization maintains.
(11) “Resident” means an individual who resides in a recovery house.
(12) “Substance-free” means free from alcohol, marijuana, illicit drugs, and the illicit use of prescribed drugs.
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05/31/2023 11:33 AM (13) “Substance use disorder” means a pattern of use of alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria delineated in the most recent edition of the Diagnostic and Statistical Manual of Disorders of the American Psychiatric Association.
§ 2202A.
Certifying organizations;
standards;
regulations;
application system;
training and technical assistance.
Show all 216 changed rows (176 more)
Previous
Latest
1.
The Division shall do all of the following:
(1) Authorize and contract with a certifying organization to establish and administer a voluntary certification program for recovery houses and a training program for operators.
(2) Adopt nationally recognized standards for the certifying organization.
(3) Adopt nationally recognized standards for the operation of recovery houses.
(4) Promulgate regulations and establish processes and requirements as necessary to implement this chapter.
(b) Subject to the Division’s approval, the certifying organization shall establish processes and requirements related to all of the following:
(1) Certification and required 2-year renewal applications.
(2) Admission agreements including termination and relapse policies.
(3) Inspecting recovery houses.
(4) Reporting, receiving, investigating, and resolving complaints.
(5) Confidentiality.
(6) Data collection and reporting related to residents including all of the following:
a.
Demographics.
b.
Length of stay.
c.
Length of time substance free.
d.
Employment history.
e.
Criminal history.
f.
Community network.
g.
Destination upon vacating certified recovery house.
h.
Any other criteria as required by the Division.
(7) Maintaining the online registry established under § 2204A of this title.
(8) Suspending or revoking a certification.
(9) Total number of approved and denied certifications.
(10) Appeals.
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05/31/2023 11:33 AM (11) Establish, operate, and maintain an online system enabling operators to submit applications, upload supporting documentation, pay fees, and report data.
(12) Develop and provide training and technical assistance programs for recovery houses.
§ 2203A.
Fees.
(a) Subject to the Division’s approval the certifying organization may impose a standardized fee on an operator for any of the following purposes:
(1) Issuing or renewing a certification.
(2) Inspecting a recovery house.
(b) The Division shall set the maximum fee the certifying organization may impose in regulation.
The maximum fee must approximate and reasonably reflect the costs necessary to defray the certifying organization’s expenses.
(c) An operator shall pay fees imposed under this section to the certifying organization.
§ 2204A.
Online Registry.
(a) The certifying organization shall publish and maintain a registry.
The registry must include the following information concerning every certified recovery house:
(1) Contact information including the operator’s telephone number.
(2) Locality.
(3) The total number of beds available by demographic category.
(b) The certifying organization shall update the registry at least monthly.
(c) The certifying organization must limit the access to the addresses of recovery houses to the Division and other persons authorized by the Division with a bona fide need for access.
(d) The certifying organization shall disseminate the registry electronically to any of the following entities that refer individuals to recovery housing:
(1) State agencies, including the Department of Corrections.
(2) State contracted vendors.
(3) State courts, including drug courts.
§ 2205A.
Zoning.
(a) Notwithstanding provisions under Title 9 or Title 22, or any other law, ordinance, or rule to the contrary, a zoning ordinance adopted by a county or municipality must construe a certified recovery house to be a permitted single- family residential use of a property and accord the house the rights and responsibilities of a single-family residence.
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05/31/2023 11:33 AM 79 (b) Except for restrictions, prohibitions, or other provisions applicable to residential uses in similar structures in the same zoning district occupied by a single family, a county or municipality must not subject a certified recovery house to a restriction, prohibition, or other provision.
§ 2206A.
Certified recovery housing admission agreements;
termination.
(a) A certified recovery house’s admission agreement must include the house’s termination and relapse policies.
(b) An individual must agree to the terms of a certified recovery house’s admission agreement and sign the agreement before residing there.
(c) Except if a resident refuses, whenever a certified recovery house terminates the resident’s admission agreement, the house shall make a reasonable effort to connect the resident with appropriate services.
§ 2207A.
Records.
(a) Records related to a resident maintained under this chapter are not public records as defined in Chapter 100 of Title 29.
(b) Records related to a certified recovery house, or the certifying organization maintained under this chapter, are not public records as defined in Chapter 100 of Title 29.
§ 2208A.
Limitations on referrals.
(a) Except as otherwise provided under subsection (b) of this section, a State agency, State court, or an entity having a contract with the State must not refer an individual to a recovery house.
(b) An agency, court, or entity may refer an individual to a recovery house whenever any of the following conditions exist:
(1) The recovery house is certified under this chapter or is an Oxford House.
(2) The agency, court, or entity receives confirmation from the certifying organization that the recovery house has applied for certification.
(c) Whenever an agency, court, or entity refers an individual under paragraph (b)(2) of this section, the agency, court, or entity shall inform the certifying organization.
(d) Whenever an agency, court, or entity cannot refer an individual requiring recovery housing, under subsection (b) of this section, the agency, court, or entity shall refer the individual to housing that does not endanger the individual’s health, recovery, or safety.
§ 2209A.
Data collection;
environmental scan and needs assessment.
(a) The Division must require certified recovery house operators to collect and report data to assess the effectiveness of recovery houses.
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05/31/2023 11:33 AM (b) Subject to subsection (c) of this section, the Division shall conduct an environmental scan and needs assessment study to determine the State’s recovery housing needs and the availability and distribution of recovery houses to meet the State’s needs.
(c) The Division shall conduct an initial study under subsection (b) of this section within 1 year of this chapter’s enactment.
After the initial study, the Division shall conduct a study at least once every 3 years.
§ 2210A.
Annual report.
(a) The Division shall analyze data collected under this chapter and issue a report at least annually.
(b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following:
(1) The Governor.
(2) The Secretary of the Department of Health and Social Services.
(3) The Director of the Delaware Housing Authority.
(4) The Chairs of the Senate Health and Social Services Committee and Senate Housing and Land Use Committee.
(5) The Chairs of the House Health and Human Development Committee and House Housing Committee.
(6) The Director and Librarian of the Division of Research of Legislative Council.
(7) The Delaware Public Archives.
(8) The Behavioral Health Consortium.
§ 2211A.
Immunity.
(a) Except as otherwise provided under subsection (b) of this section, a person who makes a complaint under the chapter in good faith is not liable in a civil or criminal action because of the complaint.
(b) Subsection (a) of this section does not apply to a person engaging in a violation of federal, state, or local law, or regulation.
§ 2212A.
Prohibition against retaliation.
It is unlawful to knowingly retaliate against a person who makes a complaint under this chapter.
Violation of this subsection is a civil violation subject to a minimum fine of $1,000 and a maximum fine of $5,000.
§ 2213A.
Misrepresentation of certification.
(a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified.
Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,000.
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05/31/2023 11:33 AM No fine will be assessed if an operator is actively remedying a violation.
For the purposes of this subsection, each day a violation occurs is a separate violation.
(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator’s history of violations.
§ 2214A.
Access to funding.
(a) Except for certified recovery houses, Oxford Houses, or recovery houses authorized by the Division, it is unlawful for a recovery house to accept state or local funding.
Violation of this subsection is a civil violation punishable by a fine of no more than twice the amount of funding accepted in violation of this subsection.
(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator’s history of violations.
§ 2215A.
Disposition of money collected from fines and penalties.
Whenever a court assesses a fine or penalty on a defendant for a violation of this chapter, after collecting the fine, the fine must be transmitted to the prothonotary or clerk of court and credited to the Fund.
§ 2216A.
Certified Recovery House Fund.
(a) A special fund, known as the "Certified Recovery House Fund," is created to support the implementation of this chapter.
(b) The following receipts shall be credited to the Fund:
(1) Money received under § 2215A of this title.
(2) Grants, gifts, and other money intended for the Fund.
(3) Money appropriated or transferred to the Fund by the General Assembly.
(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.
(d) Money in the Fund at the end of a State fiscal year carries forward and shall not revert to the General Fund unless so required by a subsequent Act of the General Assembly.
§ 2217A.
Disbursements from the Fund.
(a) No disbursements from the Fund shall be made unless authorized by the Director.
(b) Disbursements from the Fund are permitted only for the following authorized uses:
(1) To provide training and technical assistance for recovery residence operators and staff.
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05/31/2023 11:33 AM (2) To offset reasonable administrative expenses associated with implementing and effectuating the intent of this Act.
(3) Any other use approved by the Division.
(c) The requirements under Chapter 69 of Title 29 are waived for disbursements made from the Fund.
Section 2.
Amend Chapter 51, Title 25 by making deletions as shown by strike through and insertions as shown by underline and by redesignating accordingly:
§ 5102.
Exclusions from application of this Code.
The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application:
(6) A certified recovery residence as defined in § 2201A of Title 16.
Section 3.
This Act takes effect upon enactment and is implemented eighteen months from the date of enactment.
Section 4.
This Act shall be known as the “Matthew D.
Klosowski Act”.
SYNOPSIS Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware.
Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable.
Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose.
Ensuring the certification of recovery residences according to nationally recognized evidence- based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences.
This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment.
This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments.
This Act provides training and technical assistance for recovery residence operators and staff.
This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences.
This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord- Tenant Code.
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05/31/2023 11:33 AM 2141520110
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Passed By Senate. Votes: 21 YES

  4. Amendment SA 1 to HS 1 - Passed By Senate. Votes: 21 YES

  5. Amendment SA 1 to HS 1 - Introduced and Placed With Bill

  6. Reported Out of Committee (Finance) in Senate with 4 On Its Merits

  7. Assigned to Finance Committee in Senate

  8. Reported Out of Committee (Health & Social Services) in Senate with 2 Favorable, 5 On Its Merits

  9. Assigned to Health & Social Services Committee in Senate

  10. Passed By House. Votes: 40 YES 1 ABSENT

  11. Reported Out of Committee (Appropriations) in House with 5 On Its Merits

  12. Adopted in lieu of the original bill HB 114, and Assigned to Appropriations Committee in House

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 52 not signed on

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 20000
Republican 13000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

3/5

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 19001
Republican 13000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety housing healthcare
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Frequently asked questions

What does HB 114 do?
Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.
Who sponsors HB 114?
HB 114 is sponsored by Paul S. Baumbach, Franklin D. Cooke (Democratic), Brian Pettyjohn (Republican), William Bush (Democratic), S. Elizabeth Lockman (Democratic), Marie Pinkney (Democratic), Kerri Evelyn Harris (Democratic), Sean Matthews, Sarah McBride, and Valerie Longhurst.
What is the current status of HB 114?
This bill has been enacted into law. Introduced June 01, 2023. Enacted.
Where can I track HB 114?
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