SB 1012 — Creating voluntary certification of recovery residences

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Red = new code to be enacted WEST virginia legislature FIRST EXTRAORDINARY session IntroducedEnrolled Senate Bill 1012 By Senators Carmichael (Mr.

President) and Prezioso (By Request of the Executive) [Introduced[Passed May 20, 2019]2019; A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-59-1, §16-59-2, and §16-59-3, all relating to regulation of recovery residences;

in effect from passage] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-59-1, §16-59-2, and §16-59-3, all relating to regulation of recovery residences;

(1) “Certificate of compliance” means a certificate that is issued to a recovery residence by the Department’sdepartment’s appointed certifying agency.

(4) “Recovery residence” means a singlesingle-family, family,drug-free, drug-free and alcohol-free residential dwelling unit, or other form of group housing, that is offered or advertised by any person or entity as a residence that provides a drug-free and alcohol-free living environment for the purposes of promoting sustained, long-term recovery from substance use disorder.

Voluntary Certificationcertification of Recoveryrecovery Residences.residences.

The certifying agency shall establish and implement an accreditation program for drug-free and alcohol-free recovery residences that shall maintain nationally-recognizednationally recognized standards that:

(1) Uphold industry best practices and support a safe, healthyhealthy, and effective recovery environment;

(3) Protect residents of drugdrug- and alcoholalcohol-free free housing against unreasonable and unfair practices in setting and collecting fee payments.

(2) If a municipality or county offers or requires verification of compliance with local building, maximum occupancy, fire safetysafety, and sanitation codes applicable to singlesingle-family family housing, documentation of verification by the municipality or county where the recovery residence is located stating that the recovery residence is in compliance.

(c) If a municipality or county offers or requires verification of compliance with local building, maximum occupancy, fire safetysafety, and sanitation codes applicable to singlesingle-family family housing, the municipality or county must perform requested or required inspections within 30 days of receiving a request for verification.

If a residence is located within a municipality or county that offers or requires verification of compliance with local building, maximum occupancy, fire safetysafety, and sanitation codes applicable to singlesingle-family family housing, and the municipality or county fails to perform requested or required inspections within 30 days of receiving a request for verification, the residence may apply for and be granted certification directly through the certifying agency without the aforementioned verification.

Additionally, any application of the items specified in this section,section must comply with the Fair Housing Act, 42 U.S.C.

§ 3601 et seq.

If a municipality or county offers or requires verification of compliance with local building, maximum occupancy, fire safetysafety, and sanitation codes applicable to singlesingle-family family housing, and if the residence’s certification suspended or revoked for non-compliancenoncompliance with local building, maximum occupancy, fire safetysafety, and sanitation codes applicable to singlesingle-family familyhousing, housing the municipality or county may charge a fee of up to $100 for any requested re-inspectionreinspection of a recovery residence by the residence seeking reinstatement.

(g) The Departmentdepartment shall periodically evaluate the quality, integrity, and efficacy of the accreditation program developed.

The Departmentdepartment shall promulgate rules subject to legislative approval in accordance with §29A-3-1 et seq.

(h) A person may not advertise to the public,public any recovery residence as a “certified recovery residence” unless the recovery residence has first secured a certificate of compliance under this section.

§16-59-3§16-59-3. Referrals to Recovery Residences;

Prohibitions;Referrals to recovery residences;

Receiptprohibitions; of State Funds.

(a)receipt The certifying agency shall maintain, publish and disseminate a list of drugstate andfunds. alcohol free housing certified pursuant to this section.

(a) The certifying agency shall maintain, publish, and disseminate a list of drug- and alcohol-free housing certified pursuant to this section.

(b) The Division of Corrections and Rehabilitation, the Parole Board, county probation offices, day report centers, municipal courts, and a medical or clinical treatment facility that receives any funds for its operations from the stateState treasury,Treasury may not make a referral of any prisoner, parolee, probationer, or prospective, current, or discharged patient or client to a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in §16-59-2 of this code.

NOTE:

The purpose of this bill is to create the voluntary certification of recovery residences.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.